How To Get The Guardianship Of A Child?

Every child needs a guardian who will take all the responsibilities of him/her. There may be many reasons for why you need guardianship, for example, a minor child’s parents are deceased, an adult has become mentally disordered, an adult who is functioning with diminished capacity, etc. Getting a guardianship of a child is not so easy as it seems like. 

Like other provinces, this is a very complex process in Calgary. In that case, family lawyers Calgary can help you. If you are one of them who wants to get a guardianship of a child, you have come to the best place for you.

In this article, we will try to give you the easiest way to get a guardianship of a child. We hope that this article will help you a lot in your case.  

How To Get The Guardianship Of A Child

The process of getting the guardianship of a child is almost the same in every province of Canada. Here we are giving you the common and most comfortable method of it. But if you are a citizen of Calgary, it will be best for you. The step by step process is given below: 

Gather The Child’s Legal Documents: 

The first step is to collect all the needed documents for the legal process. It is important to say that different courts ask for various documents. So, firstly you should know what documents are required for this case.

Generally, you need the birth certificate of the child and the death certificate of the child’s parents. 

File A Petition: 

After collecting all the documents, you have to file a petition. In this step, you have to fill the petition form with the required information. Then you have to pay for all the fees court charges.  

Give Notice To The Parents Of The Child: 

You must notify the parents of the child if they are available. However, in most of the cases, parents are dead. If the parents of the child (for whom you are applying), are deceased, you should notify him or her who has custody of that child before the hearing.

Attend The Hearing: 

You have to attend the hearing that is arranged by the court. There you should take all the documents and shreds of evidence you have about the child’s interest. 

Obey The Rules Of Court: 

After winning the case, the court may give some rules and restrictions for you. You have to maintain those rules and restrictions. Sometimes after the hearing court may conduct a home visit, interviews and so on. You have to obey everything that the court said.  

These are the steps of getting the guardianship of a child. If you face any problems to do this, you can get help from family lawyers, Calgary. 

What Is The Guardianship Of A Child? 

A very relevant and frequently asked question is what is actually a guardianship? Here we are trying to give you the answer. Guardianship is actually getting the responsibility of a minor child which is not exercised by the child’s parents.

Here the caregiver is someone else. Generally, by guardianship, you can get the custody of the child and/or manage the child’s property. There are huge differences between guardianship and adoption. 

Adoption Vs Guardianship

In a guardianship, parents have the rights to contact with the child, but after adoption, parent’s rights are permanently ended. A court can terminate guardianship if the child’s parents want, but in adoption, it is not possible. Generally, guardians are supervised by the court, but the adoptive family is not.  

If you have got the guardianship of an estate, you have the right to manage a child’s money, make some reasonable investments, manage the child’s property, etc. Basically, the guardianship of a child is needed when the child owns valuable property.

Rights Of A Guardian To The Child

In a guardianship of a child, you have different types of rights and at the same time responsibilities. That means the guardian has the full legal and physical custody of the child.

A guardian can be a relative, friends of the family, or some other trusted friends or persons. The responsibilities of a guardian are given below: 

  • If you are a guardian of a child, you have to fulfil his fundamental needs like food, clothing, shelter, etc. These are the basic needs of a human. 
  • You must ensure the child’s safety and securities because we believe that a minor doesn’t have the ability to save him or her from danger. 
  • You have to provide his/her medical and dental care because you are committed to taking care of the child. 
  • Education is also included in the responsibilities of a guardian. 
  • You have to take care of the physical and emotional growth of the child. 

Read this also: Are Personal Injury Lawyers Overpaid?

Final Words

Guardianship means not only having rights of the children but also taking the responsibility of them. There are a lot of things to consider when you want to get a guardianship, and the process is also very complex. 

To understand the legal process of getting guardianship of a child, you should follow our given process. Here in this article, we have provided you with the easiest way to get the guardianship of a child. Hopefully, you have loved it.

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