Can a child pick their guardian?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the

US Legal Forms
Localized Forms
North Carolina
Wake
Notice to Minor to Nominate or Select Guardian

Wake North Carolina Notice to Minor to Nominate or Select Guardian

Name: Wake North Carolina Notice to Minor to Nominate or Select Guardian
Brand: US Legal Forms
Rating: 4.81 (375 reviews)

Category:

Family Law - Guardianships

State:

Multi-State

County:

Wake

Control #:

US-03328BG

Format:

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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How to fill out Wake North Carolina Notice To Minor To Nominate Or Select Guardian?

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FAQ

As difficult as this decision is, choosing a guardian for your child is an arrangement all parents must make. There are two types of guardians you can select guardian of the estate and guardian of the person. A guardian of the estate is responsible for managing your child's finances if you pass away.

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the

The child's parents can no longer make decisions for the child while there is a guardianship. The parents' rights are suspendednot terminatedas long as a guardian is appointed for a minor. If you wish, you may ask the parents for their opinions about matters relating to the child.

Although you have the right to appoint co-guardians, two guardians may disagree or even divorce. Therefore, if you choose to appoint two guardians you should list both guardians separately, so that they each have the ability to make legal decisions on your child's behalf.

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.

How to Pop the Question Make sure the person you designate as legal guardian is up for the job.Lay out any special wishes.Talk about the values and traditions you hope to impart on your children.Talk about money.

A guardian may be reimbursed from the ward's estate for reasonable expenses incurred in carrying out his duties as guardian. A guardian of the estate or general guardian may also receive a commission set by the clerk from the ward's estate for serving as guardian.

Guardianship is a legal relationship in which a person(s) or agency (the guardian) is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, property, or both.

A person with an extensive criminal background may not become the guardian of a minor. In order to become a guardian, you must complete an application with the Clerk of the North Carolina Superior Court in the county of the child's residence. There are also court costs and fees to be paid.

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Wake North Carolina Notice to Minor to Nominate or Select Guardian

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