Why you might need a guardian if you have a spousal dispute
Posted September 06, 2018 09:29:37If you or someone you know has been divorced or separated and you have been awarded guardianship or court orders, you need to know the laws in your state.
Here are some things to keep in mind when applying for guardianship:What are my rights?
Your guardian must not:1.
Force you to do anything that violates your rights.
For example, your guardian must protect your rights to: Read, write, sign and do all other forms of electronic communication with you.
Read the court documents you or a relative have filed and do not take any steps to make them unavailable.
Read the court papers and files your relative has filed.
Do not make any other copies of the documents.
If you have access to the documents, you can view them.2.
Neglect you or your children, including but not limited to:Notify the court or the court may contact your attorney, if the court determines that the neglect is serious and is likely to cause serious emotional harm or death.
The court may take any action necessary to protect your child from harm, including, but not exclusively, removing you or children from your home and placing them in an institutional setting.
If the court finds that you or the child have been neglected, the court can order the state to make payments to you or to other relatives of the child for expenses related to the child’s care.3.
Intentionally violate your rights or the law.
If your guardian has committed or is committing a crime, your guardianship must not be violated.
If you have not been convicted of a crime or are not under arrest or court supervision, your rights may be violated and the guardian must stop.
The guardian must inform you and the court of any changes in your situation, including a change in your status.
If the guardian violates your right to protect or enforce the rights of others, the guardian may be required to leave your home, remove the child from your care, or terminate your guardianships.
Guardianship is not a right that belongs to you.
You may seek help from an attorney.
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