Custody and Guardianship
Common Sense Answers

What Is Custody?
What Is Guardianship?
"Custody" is a court process:

If the court orders custody, it can mean:
· who the child lives with 
· who makes important decisions for the child (health care, education, and other important decisions) 

Guardianship is a court process.

If the court orders guardianship, it can mean:
· Guardianship of the child's person (custody); 
· Guardianship of the child's property (called "estate"); or 
· Both. 

Why do I need this?
You need custody or guardianship in order to make decisions on behalf of the child such as medical and educational decisions. Things as simple as signing a permission slip for a child’s field trip to the zoo or obtaining routine immunizations can be difficult to impossible without showing legal papers that prove you have the right to make decisions for the child.

You need custody or guardianship if the parents of the child are a danger to the child. If you do not have custody or guardianship either of the child’s parents can show up at your home or the child’s school in any condition and take the child at any time without your permission. 

How do I get it?
The best and easiest way to get custody or guardianship is to find yourself a good Family Lawyer with experience in grandparents cases. Your lawyer can file the needed papers with the proper court and advise you on how to proceed. 

Custody and guardianship cases can be filed “Pro Se” (without a lawyer and you are representing yourself) in your local probate court, children’s court, juvenile court or superior court.  Which court you use depends upon what your particular state laws are. However there are many perils and pitfalls involved in representing ones self in court and we advise that you get a lawyer if you possibly can. You may think you cannot afford a lawyer but ask yourself if your child can afford for you not to have one.
A judge gives someone that is not the child's parent custody or guardianship of the child or the right to control the child's property, or both. To become a guardian, you must file a petition, and the court has to approve it.

What is involved in obtaining custody or guardianship?
First you must go to court. In order to get Custody or Guardianship of the child the court will need to remove the parents as guardians and name you the new guardian. In order to do this the judge will need either the consent of both parents, or you will have to convince the judge that they are a danger to the child and need to be removed.
If the child is in FOSTER CARE, you must convince the judge that you are the proper guardian for the child and that state care is not needed.
If the judge agrees that the parents need to be removed as guardians he will order temporary custody or guardianship. During this temporary phase the court will order CPS to do a home study to be sure that your home is a proper place for the child. The child may or may not be placed with you during this time. Usually the child stays with you though.
The Judge may also order that the child be represented by a court appointed lawyer or Guardian ad Litem. GAL

What is a Home Study?
A home study may include;
· An inspection of your home.
· A criminal background check on all adults in the home
· A domestic violence assessment
·  Several phone calls and home visits
During a home study a caseworker assigned to the child will visit your home and look around to be sure that it is a safe place to raise a child. In homes with small children they will look for safety plugs in outlets, and other common safety devices. The caseworker will ask a lot of personal questions. No matter how intrusive you feel these questions are answer them anyway. By cooperating with the caseworker you are helping him or her see that your home is the best place for a child to grow and succeed. Make a friend of your caseworker. He or she can be your greatest ally in court. Make an enemy of your caseworker and he or she will recommend that the child should not be placed with you.

What is a GAL?
Depending on what your state laws are a Guardian ad Litem (GAL) can be a trained volunteer or paid lawyer who is appointed by the court to advocate for the best interests of an abused or neglected child. In court, the GAL serves as an important voice for the child.  The GAL is assigned the task of interviewing the child and other parties and speaking for the child’s wishes and need in court.  In most states the GAL is paid by the court but in some states the petitioner (YOU) are required to foot the bill.

Disclaimer: This page is for education and information only and is not to be considered legal advice. Every case and every state law is different. Be sure to consult a legal professional.