How to Get Guardianship of a Child Without Going to Court?
September 3, 2020
Child custody means to get guardianship of a child. This also means the legal guardian is the rightful parent of the child decided by the court. The custodial parent acquires legal and decision-making rights for the betterment of the child.
However, in most cases, the guardianship is determined in the court, where parents apply for child custody. But, one can get guardianship of a child without going court. This article will explain the procedure of how to get guardianship of a child without going to court.
Is it a Must to Go to Court for Child Guardianship?
When a parent applies for child custody, the guardianship is determined in court. The court considers several factors in deciding the child’s faith. This results in a proper decision that comes from the legal authority of the country.
The court judges the best interest and needs of the child from a neutral point of view. The court also checks the applicant’s relationship and history with the child.
Moreover, the child’s mental and physical health, and how well the child can adjust with one of the parents is also taken into consideration in court.
Furthermore, the court judges every aspect related to the betterment of the child. Therefore, it is evident that going to court is the best option.
However, going to court is certainly not the only option in getting guardianship of a child. Child custody is an agreement that states all the guidelines that one parent must follow in taking care of the child.
While it is generally done and approved in court, not all cases need the courtroom or a judge. There are other ways to get guardianship, and it is important to know about how to get guardianship of a child without going to court to avoid courtroom hassles.
Ways of Getting Guardianship Outside Court
The parenting plan
An alternative to child custody is the parenting plan which is an agreement between the two parents. This agreement includes details about the schedule, duties, and responsibilities of each parent.
Moreover, the parenting plan includes parental rights and each parent’s rights over the child. Also, the parenting plan allows one to choose other parties who can acquire guardianship of the child.
Although this way any concerning party of the child can apply for guardianship outside the court, the final approval needs to come from the court. This means that after creating the final draft of the parenting plan, the parents must sign it. Finally, the plan must be sent to the court and get the judge’s approval.
Direct discussion and communication
You can also claim guardianship through direct discussion with parents. If you are not a biological parent, you can sit with the parents and converse a custodian application.
Moreover, two parents can also sit together between themselves and discuss the guardianship of a child. For this, both the parents involved in a divorce need to be in speaking terms.
It is a helpful process as it ensures the removal of too many processes, and both parties can discuss the child’s guardianship on-the-spot. Besides, it is a cost-effective way of getting guardianship outside the court, as involving an attorney is entirely up to the parents.
Collaboration is almost similar to direct discussion. It involves discussing guardianship of children through lawyers of both parties. When parents are not on speaking terms, they can assign lawyers to discuss the child. Lawyers from both sides discuss their favoured options and agree.
Collaboration is an effective choice, as it involves the consultation and assistance of attorneys. However, the involvement of lawyers means that the cost rises higher. Moreover, there are still significant legal procedures involved in this process.
The involvement of a mediator is another way of settling the matter outside the court. A mediator is a third party and communicates between the two parents as well as their attorneys. The mediator also works to settle, compromise, and solve the matter involving the guardianship of a child.
Nevertheless, this option still involves court matter, but to a minimal level. After the parents’ confirmation and signing of the paper, the mediator goes to court to get the approval of the judge. Moreover, the involvement of a mediator increases cost, on top of the costs of the attorneys.
The change in the legal guardianship of a child is always a complex and tricky matter. Parents go to a discussion that involves the rest of the child’s life.
Therefore, it is crucial to be aware of every process involved with it. Having a sound knowledge on how to get guardianship of a child outside court will surely help involved parties avoid extra hassle.