Legal Question in Family Law in Arkansas
Guardianship of Grandchild
What are the steps needed to take in mother granting guardianship of child to grandparents. We have the papers signed by the mother and notirized. Do these papers need to be filed in a probate court? Does a judge need to sign these papers. We understood that all me needed was for the mother to give written & verbal consent of guardianship and have papers notirized to this effect. Will we be able to enroll this child in school? Carry insurance on this child? Thank you, psb
1 Answer from Attorneys
Re: Guardianship of Grandchild
The mother's consent alone is not enough. You will have to file a petition for guardianship with the probate court setting forth the reasons for the guardianship and meet the requirments of the statute. In many circumstances, the court will require a hearing on the matter.
In order for you to obtain a guardianship, the judge will have to issue an order granting your petition, you will have to file an acceptance of guardianship, and the letters of guardianship must be issued to you by the probate clerk.
I would suggest that you get an attorney in your area to assist you with the process.
I noticed that you didn't mention the child's father in the post. Be aware that he is entitled to notice to any hearing on a guardianship petition.
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