Guardianship is a legal process that appoints a guardian to be responsible for the care, control and custody for an incapacitated or vulnerable individual.
This authority, granted by the court, allows another individual to care for and have custody of a child. Although a will may bestow guardianship of a minor child to an adult relative, legal guardianship may also be requested by an individual who is at least 21 years of age and who can establish that there is indeed need for this guardianship.
If you have questions or concerns about legal guardianship, consult with a Phoenix guardianship attorney from Goldman Law, LLC. Our attorneys have the experience, knowledge, and resources needed to help you resolve your custody and guardianship issues in the most favorable manner possible.
Grounds for Legal Guardianship
When requesting legal guardianship in the state of Arizona, some of the specific grounds include:
- A child being in danger in his or her own home, such as if the child is being abused by an adult in the home
- A parent failing to provide for the child’s basic needs
- A parent seriously neglecting the child
- A parent being arrested or being incarcerated for a significant period of time
In some instances, a child may also request to be removed from a parent’s home if he or she feels that the parent is mistreating them or feels that his or her basic needs are not being met.
Responsibilities Associated with Legal Guardianship
When an individual is granted legal guardianship, Arizona laws dictate that the individual will then be given the following responsibilities in relation to the child:
- Providing shelter
- Providing food and clothing
- Providing an education
- Keeping the child in good health by providing medical care
- Providing emotional support and care
- Taking responsibility when the child damages the property of another
Ultimately, in the eyes of the law, legal guardianship in Arizona effectively grants a non-parent adult the right to act as the child’s parent.
Who Can Request for Legal Guardianship Over a Child?
In Arizona, the following individuals may file a petition to request legal guardianship over a child:
- The child’s grandparents
- The child’s uncles and aunts
- The child’s siblings and cousins, provided that they are above 21 years of age
- Any other adult who can establish a close personal relationship with the child
Like all other forms of custody cases, the primary consideration is if it is in the best interests of the child. The courts, however, will also take the child’s preferences into account—particularly if a child is at least 12 years of age or is deemed by the court to be mature enough.
Contact the Phoenix Guardianship Attorneys at Goldman Law, LLC
If you are either looking to file for legal guardianship or challenge a petition for legal guardianship over your child, call a Phoenix guardianship attorney from Goldman Law, LLC. Our legal team is ready to protect your rights and fight for your best interests.
Call Goldman Law, LLC at (602) 698-5520 or email us using the contact form on this page to schedule a professional case evaluation and learn more about your rights. We serve clients in Phoenix and all throughout Arizona.