Users' questions

When does a step parent become a legal guardian?

When does a step parent become a legal guardian?

If the step-parent becomes the child’s legal guardian then parental responsibility is automatically granted by the court. If the step-parent is appointed as the child’s ‘special guardian’, parental responsibility is automatically granted by the court at the same time. What is shared parental responsibility?

Where can a father apply for guardianship of a child?

If the mother does not agree for the father to have guardianship, he may apply for guardianship to the District Court. As well as fathers, certain other people may apply to the court for guardianship:

Can a father be removed as a guardian?

A father appointed as guardian by the court may be removed as guardian at a future date whereas a father married to the mother of the child is normally guardian for life.

What happens if both parents object to guardianship?

If one or both of the parents object, the judge will grant your guardianship only if staying with the parent (s) will be detrimental to the child and the guardianship will be in the best interest of the child. If the court denies your petition, you may be able to try again or file an appeal.

Can a step-parent apply for guardianship of a child?

As well as fathers, certain other people may apply to the court for guardianship: A step-parent, a civil partner or a person who has cohabited with a parent for not less than 3 years may apply to the court to become a guardian where they have co-parented the child for more than 2 years.

Who is a guardian in a guardianship case?

A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. After adjudication, the subject of the guardianship is termed a “ward.”

A father appointed as guardian by the court may be removed as guardian at a future date whereas a father married to the mother of the child is normally guardian for life.

What are the rights of parents in guardianship?

The rights of parents to guardianship are set down in Section 6 of the Guardianship of Infants Act 1964 as amended. Guardianship rights entitle a parent to make important decisions regarding that child’s upbringing, for example, deciding on the child’s religion, education, medical treatment and where they lives.