Wyoming Temporary Guardianship Agreement

State:
Multi-State
Control #:
US-01975BG
Format:
Word
Instant download

Description

A temporary guardianship involves a document in which a parent grants temporary custody of his or child to another person or institution. Temporary guardianship occurs when an adult takes legal responsibility for a minor child who is not his or her own. In order for guardianship to be considered temporary, the adult must be legally responsible for the child for less than six months in some states. Temporary guardianship may be established without going to court. A child's parent may sign an agreement naming another adult as his or her child's temporary guardian. For example, a parent who is going on active duty in the military, or who will be stationed for a short period of time overseas, may choose to sign an agreement naming a grandparent, relative, or family friend temporary guardian of his or her child. Because a temporary guardian isn't permanently responsible for the child in his or her care and was not ordered by a court to be a guardian, doctors may refuse to treat the child and schools may refuse to admit the child to classes without a parent's consent. For this reason, some states have enacted a law that allows schools and medical providers to accept a Caregiver's Authorization Affidavit from a temporary guardian. This allows the temporary guardian to take full responsibility for a child.

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FAQ

Guardians are required to act in the ward's best interests. These reasons have driven the courts to hold guardians accountable through a number of means. The guardian often inventories property, invests funds to be used for the ward's support, and is required to file detailed reports with the court.

Protection of parental rights. (a) The liberty of a parent to the care, custody and control of their child is a fundamental right that resides first in the parent.

That said, this doesn't mean that children under 18 can't express an opinion as to which parent they'd rather live with. Case law in Wyoming has held for quite some time that a child's preference is a factor for a judge to consider in rendering a custody decision.

The Basics of Child Custody The courts assess the quality of the child's relationship with each parent and consider factors such as the parent's ability to provide for the child's physical and emotional needs, as well as their willingness to assume full responsibility for raising the child.

With joint legal custody, both parents have a say in child-rearing decisions. In a sole physical custody scenario, the child resides with one parent. With joint physical custody, the child lives with each parent for certain periods, which can be anywhere from a few days a week to several months at a time. (Wyo.

In nearly every case, the main concern in creating a custody arrangement will be the child's best interests. District courts in Wyoming are permitted to consider any factor that may be relevant to the child's best interests, giving more influence to those factors that can affect the child's safety and well-being.

An ex parte custody order gives temporary emergency custody to one parent based solely on that parent's testimony that the child is in danger, with no notice being given to the other parent.

Temporary Guardianship of Related Minor Child forms and instructions are available on the Wyoming Judicial Branch website. (Click on "Family Law" and see Packets 14-18). You can now use the same forms to request permanent, temporary, and even emergency guardianship.

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Wyoming Temporary Guardianship Agreement