Human is a social animal. They have family, friends, college and social community groups etc. it means it is impossible for him to stay alone. At every time of life we need help of any person i.e. may be one’s father or mother or any other person.

Children and old aged people especially come in this category. They need at least a person to keep an eye and help them to complete their day to day activities.

To Define Guardianship it is important to understand that who is a guardian?

A guardian is the person i.e. can be man or woman who helps in decision making for another person who is unable to take his/her own or self decisions in any matter.

Guardianship is mostly comes for the context of child, any special able person or old age people. Guardianship is also called sometimes conservatorship. To be appointed as a guardian of any minor child or any other adult it is important that the person is closely related to the person, any family member, close family friend, even any person who is local responsible for taking care of minor welfare.

The procedure of appointing as a guardian needs the order of the court. A minor child can only be able to have a guardian until the age of 18. After that he/ she is able to take all the decisions related to them, related to life, finances and education.

In any of the cases guardian is not liable to get any kind of remunerations and benefitted with any personal expenses. Sometime court may also ask to make financial statement for the every year expenses. As it seen in some cases guardians are allowed to compensate the fees of attorney related to the guardianship.

Reasons for the Need of Child Guardianship

If the child is living in unsafe and abusive environment:

It is very important for the better growth of the child that he/ she get the correct and safe environment for living.

Living in unsafe and abusive environment disturbs the mental and psychological conditions of the child.

In a survey it is found out 2 out of every 5 criminals lived in an unsafe and abusive environment that badly affects that mental and social growth.

If the parents of the child are not any more:

It is very harsh reality but it happens when both the father and mother of the child dies. In such conditions there is no other option than living with any other relative or a close family friend’s family. In these kinds of cases the guardianship of the child is given to other most appropriate person.

It is better that the parents mention these things already in their will, because sometimes courts rooms don’t make the most appropriate decisions and even bad child have to spend the period of his/her life in Care or foster home.

If the parents are not able to take care of child or willingly don’t want to:

It is the hardest part in the guardianship when even the child has the parents applied for the request of guardianship because may be they are unable to take care of child due to the financial reasons. If the parents even are not able to provide the basic necessities of child i.e. food, shelter and necessary clothing.

There are also some parents who just don’t willing to or want to take care of their child, in this kind of situation guardianship is much better option than adoption process.

If the parents are separating:

Divorce and guardianship together is one of the most complicated issues. So if the parents are separating then in this case interested mother or father or both can file a petition in order of handling the guardianship of the child. In these kinds of situations mostly the mother gets the custody of the child as the mother is the best for the upbringing of the child.

How to get guardianship of the Child ?

Civil Lawyer having a decade of experience

• Check about all the required laws, amendments and changes for the custody law of state. Because sometimes there are some amendments made by the state court. It will not only give one the complete information about the laws and amendments but also provide information about the loop holes which can be beneficial for other party.


• Collect all the needed documentation regarding the custody or guardianship of the child. It is a very crucial and important step, so one should take his/her time and also discuss about the situation with the best attorney possible.


• Visit the court house from where both the parties have applied for the divorce or dissolution of marriage. As well as meet the clerk to get full information about the forms needed to be filled. It will also help in saving the time.


• Complete all the motions and hearings regarding to the dissolution of marriage. Collect all the information’s gather and attached it to the required documents.


• Submit all the completed paper work in the court so that the hearing and procedure of the guardianship as soon as possible without any delay.


• Attend all the hearings time to time. This will not only help in providing one’s views but it will also show the love, devotion and child’s importance in one’s life.