From time to time, we get calls from people who are not a parent of a child but still want to get custody of that child. They often wonder if this is possible. The answer to this question is yes, through a Guardianship. Under guardianship proceedings, a non-parent and/or a third party may gain custody and control of a minor. Such proceedings are brought in front of a probate court, as opposed to a family law court.

There is not one particular factor that needs to be present in order to have a guardianship granted. However, if a person seeking a guardianship is able to show that control over a child by a parent is detrimental to that child, their guardianship petition should be granted. Also, guardianship is commonly granted when either parent has passed away, is missing, or has abandoned the child. Finally, if both parents sign the proper consent to guardianship paperwork, then the court is likely to grant such a guardianship.

We hope this gives you a basic understanding of what a guardianship is. We will follow-up in a future blog with more specific details concerning guardianships. If you or a loved one needs assistance with a guardianship or any family law issue please call Wallin and Klarich at any time! Wallin and Klarich has been in the business of helping people with guardianships and their family law matters for over 30 years and we would like to help you with yours! Call Wallin and Klarich today at 888-749-7428 as we have a team of highly skilled family law attorneys ready to take your call 7 days week, 24 hours a day!