How do you transfer guardianshp over minor chldren?

UPDATED: Jun 8, 2012

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How do you transfer guardianshp over minor chldren?

My mother was granted guardianship of my nephew and nieces 7 years ago. We would like to have the guardianship be put in my name. What would we have to do? The reson we would like to change guardianship is because of my mother’s health issues and her age. The biological parents are to unstable to provide proper childcare.

Asked on June 8, 2012 under Family Law, Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to transfer legal guardianship of your nephew and nieces that your mother presently has over them, most likely there is a court order allowing such. If so, you have to file a petition with the court to transfer such guardianship over to you since your mother's health does not allow her to do what she was once able to do.

I suggest that you look at the presumaed guardianship order and see if you are named as an alternate guardian. If so, you simply file a petition with the court confirming that you are so named and are now the guardian of your nieces and nephews. I suggest that you consult with a family law attorney further about your question and how to accomplish what you wish to.

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