How to obtain legal guardianship of a child in the United States

In the US, every State has distinct child custody laws that are supposed to be followed during custody application procedure those laws will therefore guide you as you endeavor to understand the process of obtaining legal guardianship over a child within that location.

In some States, there may be presumed assumption that parents have joint custody whereas in some other States this presumption may not be there. Generally, in some other States expectations for single mothers by the law to file custody are more especially in cases where they are unmarried. Either way, in some other States where the parents may not be married, the custodianship is directly connected with the mother, whether the father is involved or not. Therefore, if you really want to gain the guardianship authority of a child in the United States, you need to know what governs child custody in that given location or State.

Usually there are few steps involved in this lengthy process:

1.    Your guardianship over a child must come from the court. Therefore, you should visit to your local court clerk’s office and ask for required forms to be filled out.
2.    Then you will need to prepare the guardianship petition forms and file at the clerk’s office. This document is the official beginning of the process that you’re asking for the grant of guardianship. In case of Massachusetts, the form “MPC 140 - Petition for Appointment of Guardian of Minor” will be used. Each local state has its own document per their guideline.
3.    Once the document is completed and signed, then you need to file to the appropriate court clerk's office. Usually it will be probate court or family court depending on the state. There will be filing fees charged upon the receipt of file, and the hearing day will be assigned. It is usually 14 days before the actual hearing occurs.
4.    Hearing notice will be delivered in hand by the sheriff, constable or other person approved by the court. Then attend the hearing and the judge will collect all the evidence and decide if it is appropriate to grant you a guardianship for the child.

Understand the State Custody Laws

In order to become eligible for custody, you need to understand what is required of you from that State before you obtain the anticipated custody. This is very important whether you have a lawyer guiding you through the entire process or not. This means that general knowledge on child laws in your state and sometimes in most of the states is important in case you decided to move or if your company posts you to a different State. You can find a lot of information on the internet about child custodian or guardianship laws in accordance to the requirements set by every state. You will find that those laws from one state are particularly different from those laws from another State.
When you have already researched and found out about the guardianship laws from that given State, you will be able to come up with a questionnaire that now you can use with your attorney in order to obtain the guardianship required. Either way, make sure that you have all the required details in place before you make decisions or approach the authorities with those arguments in mind. Sometimes you may decide to represent yourself in court, it is important that you discuss those custody laws with a qualified attorney, and if you do not have money to pay an attorney, you can obtain free legal help, which is available for all citizens as long as they qualify.

You can start by contacting for legal aid from that given state when the going gets tough on your side, which is open to all that qualify according to the screening process. You can also make contact to law schools around where you could also get that legal aid from as well as if you were a victim of domestic violence, you could contact local shelter aid and get more on legal assistance. For whatever direction you decide to take, help will always be there.

While in a difficult child custody battle

There are times that you can’t proceed anymore with your petition or other steps of process, including conflict and other difficult situation. The first thing you need to do is to find a lawyer that you believe in. If you need to win, you need to understand not only the laws but also feel comfortable with the lawyer that represents you by believing in fairness throughout the proceedings. Don’t leave everything to the lawyer; you also need to know that your efforts will count a lot at the end.