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The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
When can a parent be removed as a guardian? The Family Court can remove a guardian if it is satisfied that: for some very serious reason the person is unfit to be a guardian, or. the person is unwilling to be a guardian, and.
Ultimately, while Utah law says at the age of 14 the court may consider preferences of the children, the courts, attorneys, and other mental health professionals helping parents and children going through divorce, all agree it's never good to put the children in the middle.
Parent/Guardian means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
A child can decide to live with either parent in Utah is age 14 years old. Typically the family court believes a child's wishes are sufficiently mature to express their preference by 14 on which parent they choose to live.
In order to remove and replace the guardian, the petitioner must prove to the Clerk that the guardian has either violated the obligations imposed upon him/her by law, or that removal of the guardian would be for the better care and maintenance of the ward.
Removing a Guardianask the guardian to file a petition to resign as guardian and give your children back to you, or.file a petition to remove the guardian and give your children back to you.
A guardian is a person who has assumed the care and protection of another person, and is responsible for all legal decisions on behalf of that person, and his property. All parents are legal guardians of their child(ren) till the child attains 18 years of age. After that parents are no longer the legal guardians.
Parents are the first national choice for guardianship of their child. It is important to note that either one of the parents can be a guardian, but it is preferable to have a joint guardianship.
Utah has an emancipation law which allows minors 16 and older to petition the juvenile court for emancipation. In order to grant emancipation, a court must find that the minor has the ability and capacity to manage his or her own affairs and to live independently from his or her parents or guardian.