If you are currently raising a child and have been appointed as guardian, however you feel the guardianship is no longer viable or necessary, you have options regarding terminating the guardianship. You may also be the parent of a child who currently has established a guardianship and would like to regain the care and custody of your child. A guardian may also wish to resign as the child’s guardian and relinquish their rights to another adult or relative. In either scenario, the process of terminating a guardianship must be done through the court system in a legal and legitimate manner. Regardless of the details of the circumstances, an experienced Kansas guardianship attorney can assist you with how to begin the process and guide you through each step thereafter.
Steps to Legally Terminate Guardianship in Kansas
Whether you are the parent of a child, or the current guardian of a child, you must begin the process of terminating guardianship by filing a petition. This petition will request a hearing from the judge in order to review the facts surrounding the matter at hand. Ultimately the court will review your petition and if the judge feels your claim is valid he or she will schedule a hearing date. At the hearing he or she will hear evidence and testimony from both sides as to why the guardianship should or should not be terminated and make his or her ruling based on the facts and findings. The court’s ultimate focus and concern lies with the best interest of the child and his or her decision will be based on that goal.
When Guardianship Automatically Terminates
Some types of guardianship termination occur automatically and do not require petitioning the court or a hearing to be held. Some common examples are when the minor child turns 18 and has reached the age of majority. Another is if the guardian unfortunately dies and therefore is no longer present or capable of upholding its role as a guardian. A guardianship may also be automatically terminated if the minor is considered emancipated by way of marriage or military duty. However, if the minor child reaches the age of majority and is declared impaired or incapacitated, the guardianship may be extended to facilitate necessary care.
Contact a Kansas Guardianship Attorney Who Can Help You Terminate Guardianship Today
Our firm is ready to help you and your family through each step of the termination process. We understand that it can be an emotional and daunting time and the last thing you want to deal with is stress due to the legal process. Attorney McDowell has dealt with a variety of termination scenarios and has created agreeable outcomes for all parties involved. The best interest of the child is always our focus and we take pride and care in handling cases accordingly. Our law firm is knowledgeable in Kansas’s guardianship laws and we are here to help ensure your legal rights are protected. Call a Kansas Guardianship Lawyer at McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help you successfully terminate your child’s guardianship.
