Arkansas Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03328BG
Format:
Word; 
Rich Text
Instant download

Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A Permanency Option. Legal guardianship is a judicially created relationship between a child and responsible adult in which the guardian assumes many of the rights and responsibilities that customarily would reside with the child's parents.

The first step in obtaining guardianship entails filing a Petition with the Arkansas court and notifying the child's parents or current caretaker. If you are interested in gaining guardianship over a child, the first step is to file a Petition for the Appointment of a Guardian with the court.

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

As such, in Arkansas, when both parents consent to a guardianship, the courts will generally allow the person designated by the parents to serve as the guardian. A question arises when one or both parents then decide they want their children back and ask the court to terminate the guardianship.

In order to be a guardian in Arkansas, you must: (1) be a resident of the state of Arkansas; (2) be eighteen years of age; (3) be of sound mind; and (4) not be a convicted or unpardoned felon.

Legal custodian will have the right to make decisions regarding school, health care and other major life decisions. If TPR has not occurred the birth parent has a right to consent to adoption. Guardian will have the right to make decisions regarding school, health care and other major life decisions.

The Arkansas Guardianship Process File a Petition for Appointment of Guardian of the Person and Estate with the probate court. ... Get a professional evaluation of the ward within six months of filing the petition. Attend the guardianship hearing with your attorney to prove your case.

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Arkansas Notice to Minor to Nominate or Select Guardian