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How To Write A Legal Guardianship Document

How To Write A Legal Guardianship Document

Children are under the legal custody, authority, and control of their parents until they reach the age of majority. Unfortunately, parents may suffer from a temporary or permanent setback that may lead them to give up their legal control of their children. Here is how to write a legal guardianship document.

“Parents May Suffer Temporary Challenges”

The parental authority extends to all elements of the child’s life. The parents determine where the child lives, what the child eats, what medical treatment is provided, and what education is afforded. In order to be good parents, adults must have the capacity to provide the basic necessities. If they cannot, then finding a close relative and giving him or her temporary legal guardianship might be the best idea.

Financial distress, homelessness, legal difficulties, drug rehabilitation, or health problems could lead to parents not being able to raise their children properly. The wise parent may cede some authority temporarily or permanently in the best interests of their kids. The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors.

No one can predict when an accident or other disaster may occur. Some include a legal guardianship document in their wills to determine who will raise their children. If parents do not name a guardian, the courts will find someone offering the most stability, continuity of care, and amoral environment for the children.

Write A Legal Guardianship Document

How to Write a Legal Statement of Fact

“Format of Guardianship Document”

The primary function of a legal guardianship document is to transfer parental authority to another party. The document should be a statement opening with the name, phone number, city, state, and zip code of the parent(s) with legal custodial authority. Then fill in the name of the children and their birth dates.

Next, you should list the party to whom legal guardianship will be handed off. Include the:

  • Contact telephone number
  • Email address
  • Relationship to the children

List whether the guardianship transfer will be temporary for a set time period (list the beginning and end dates), or permanent for the foreseeable future (beginning on such-and-such a date.)

The parent giving up custodial rights should wait to sign and date the document in the presence of a notary public. The bottom of the form should include a space for the signing, dating, and stamping of the notary public.

Disclaimer

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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