In Minnesota, guardianships are provided for individuals who want to protect the interests of children or disabled adults. The assignments allow the new guardian to make all decisions for the child. If the child is at risk, the petitioner must follow the proper steps to secure a guardianship. A Family Law Attorney in Rochester MN offers guidance for petitioners.
Contacting Child Protective Services
Family members who want to protect a child at risk contact child protective services first. The agency has the authority to remove a child from their parents’ custody if a risk is present. The individual should provide extensive information about the risk when reporting it.
Petitioning the Court
Next, the potential guardian petitions the court to acquire child custody. If the caseworker finds a risk, the judge may provide temporary custody of the child. The temporary order provides the petitioner with rights to the child and presents the biological parent with the time to eliminate the risk. If the risk is an addiction to drugs or alcohol, the parent is required to enter a treatment program.
A Full Assessment of the Risk
Child protective services and the court send a caseworker to continue assessing the biological parents’ living environment. Documentation of all risks to the child is presented to the court by the caseworker. The evidence is presented to the judge during a formal hearing in which the petitioner could receive a guardianship assignment.
The Formal Hearing
A formal hearing is held to officiate the guardianship. Once it is official, the guardian acquires the same rights as a biological parent. However, the proceedings aren’t the same as a formal adoption. The guardian protects the child’s interests until he or she becomes an adult. The guardian also manages the child’s assets.
In Minnesota, guardianships enable family members to protect children who are at risk. The most common risks are addiction, neglect, and abuse. To acquire a guardianship, the petitioner must present evidence of the allegations to a judge. Agencies such as child protective services assist families when children are in danger. Petitioners who want to learn more can contact a Family Law Attorney in Rochester MN or Browse the Site right now.
