Inert Sil

Understanding Emergency Guardianship and How It is Granted

Written on February 5, 2019   By   in Legal

Individuals may find they need to file for emergency guardianship of a minor or incapacitated adult in a variety of situations. When this is the case, the individual requesting guardianship must go before the court and present evidence to support their claim that this step is needed. During the hearing, the judge only addresses the current emergency, not guardianship as a permanent state. Upon hearing this evidence, a temporary order may be granted and each state has their own laws and guidelines with regard to the circumstances that must be present before this type of hearing can be held along with the procedure for the hearing. For this reason, an emergency guardianship law firm should be contacted before any action is taken.

The Circumstances

A petition must be filed with the court and must outline the circumstances of the emergency issue. For example, when a child or incapacitated adult’s health or welfare is endangered, this is considered an emergency situation. However, individuals often wonder what falls under this category. If a sex offender is living in the home with the child or incapacitated adult, this would be considered an emergency and the same is true when one parent is being refused the right to see his or her child and this situation has been ongoing for a period of time. The parent filing the motion may believe the child is in danger and this is why the custodial parent is refusing visitation. As a result, he or she may file for emergency guardianship.

Providing Evidence

A person must provide evidence at the emergency guardianship hearing. This evidence may be in the form of medical records, sworn statements from witnesses, a child protective services report, or things of that nature. The judge hearing the matter will not allow any information regarding child support, regular visitation or other matters to be brought up during the hearing. Furthermore, unless there is proof of immediate danger, the judge may not provide emergency guardianship and instead call for a full investigation.

To increase the likelihood of being granted emergency guardianship, a person should ensure he or he has proof of imminent danger. Furthermore, all paperwork needs to be completed properly. An attorney that handles these matters regularly will be of great help in ensuring nothing is overlooked, thus any person looking to take this step should seek legal help right away.