![]() ![]() What Factors Do Courts Look at When Awarding Custody to Parents?īecause the court make their decision based on the best interests of the child, they will want to see an abundance of proof that the parents can provide the best possible home and have a vested interest in their child’s upbringing. Does the child, provided they are over 12 years old, prefer living with their guardian or their parents? Older children have a say in their living situations, and courts take their preferences into consideration when terminating guardianships, establishing new ones, or awarding custody back to biological parents.Are the parents capable of providing a better, safer, and healthier environment for the child than the current guardians or other potential guardians? If the guardianship was initially established due to an unstable living conditions, the biological parents will need to show sustained improvement and stability in their lives, careers, and relationships.How Do Courts Decide to End a Guardianship?Īs with all court decisions involving children and minors, the decision to terminate a guardianship and either appoint a new guardian or allow children to move back in with their parents centers around whether doing so is beneficial for the children. When they’re supportive of the idea, it can make the process much smoother, as the family court will be much more likely to believe the move is in the best interest of your children. If you want to regain custody of your children, it helps to have a good relationship with the guardians. When a guardian renounces custody, the court will either appoint a new guardian or award custody to the parents if they are fit to provide adequate care. Although guardians can legally maintain custody of children until they turn 18, they don’t have to if their life circumstances change, or if they agree to transfer custody to the children’s biological parents. The current guardian willingly renounces guardianship.This may occur if the child’s living situation would be improved by living with their biological parent, or if the guardian isn’t providing satisfactory care. A judge terminates it by deciding that it is no longer beneficial for the child.Parents can’t simply request custody of their children and receive it. ![]() That means that they can only be ended via court orders. But unlike foster care situations, guardianships are more permanent and protected. ![]() It’s common for parents to make big changes in their lives in an effort to see their children more often or to reunite their family under one roof. You Can’t Terminate a Guardianship Yourself-Even as the Biological Parent. If this applies to you and/or your spouse, here are some important things to know about terminating a guardianship and reclaiming full custody of your children. In many cases, guardianships are supported by the biological parents, but as their life circumstances change, they may want to regain full custody of their children. Guardianships are an important and effective way of ensuring that children are raised in stable and loving environments, especially when their relationships with their biological parents are strained due to martial problems, substance abuse, or other issues. ![]()
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