Things that the Court Considers when It Comes to Guardianship

Things that the Court Considers when It Comes to Guardianship

The court may require you to name a guardian for your children after having a divorce. A guardian will be the one who will take custody of your child in case you are incapacitated. Usually your former partner will step up and take care of the kids if something happens to you. However, there are cases that the court will require a guardian for your kids. Here are some of the things that the court considers when it comes to guardianship.

Who the Children Wants to Live With

The court will consider this even when your kids are still minors. This is important since their preference are usually affected by their closeness and familiarity to that specific person. Of course, the court will always ensure that the kids will feel comfortable living with their appointed guardians.

Financial Capability

The court will always ensure that the guardian they appoint is capable of providing the financial needs of your children. The juries will always choose the one who is better suited financially. The court does not want the children to suffer from unnecessary hardship, when there is somebody else who are more capable of supporting their needs. In case you would like a particular guardian to take custody of your child, a family lawyer can help you convince the juries.


Stability is also one of the major factors that court take into consideration when choosing a guardian. Juries will always make sure that the children will live in a stable environment along with a well-rounded person. Furthermore, stability also reflect predictability. It will be easier for the court to determine the quality of care that the kids will receive from a stable guardian.

Relationship of the Kids to the Existing Guardian

As much as possible, the court would prefer to appoint a guardian who is a close relative of the family. This is only reasonable because it will be unfair for the kids if they will be hand over to a guardian that is a complete stranger to them. It would be much easier for the kids to adopt with the changes if they are already close with the appointed guardian.

The Choice of Parents

The court will also consider the choice of parents when choosing a guardian. Parents always want the best interest for their kids and they will always name someone who they think is capable of caring for their child. You can consult a guardianship lawyer if you want to know more about guardianship.

Situations When Children Needs a Guardian

There are several situations when the kids will need a guardian. For example, if both of their parents passed away, while they are still minors, they will be put into the guardian’s custody. When something happens to both parents and have been incapacitated due to illness or injury, the guardian will also take over.

Depending on the circumstances, guardianship may become temporary or permanent. Temporary guardianship will allow a parent regain the custody of their child once they are capable of caring to their kids again. In permanent guardianship, the guardian will take care of the kids until they become adults and are able take care for himself or herself.

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