In Minnesota, guardianships are available for a minor child who is at risk or lost both biological parents. When the child is at risk, a family member takes legal action to become the child’s legal guardian. Family Lawyers in New Ulm MN provide legal assistance for families that need to protect a child at risk.
Documenting the Risk to the Child
The petitioner needs to document the identified risk to the child. With the right evidence, it is possible for them to approach a judge and acquire legal possession of the child. The type of risk defines what evidence is needed and admissible in court.
The Role of Child Protective Services
Child protective services are contacted when a child is at risk. The agency has the legal authority to remove the child from their home if the child is endangered. A caseworker is assigned to the case and begins an investigation to determine if the allegations are true. For example, if the petitioner claims that the parent is addicted to controlled substances, the caseworker takes steps to determine if the parent is a drug addict.
Temporary Child Custody
Once child protective services prove the allegations are true, the child is removed from the home. The petitioner could receive temporary child custody of the child using the evidence. However, it is necessary for the petitioner to file a motion for temporary child custody and attend a private hearing with a judge.
The Formal Hearing
After one year, the biological parent and the petitioner must attend a formal hearing. During the hearing, the caseworker discusses their findings from the home study. The home study is conducted prior to the hearing to determine if the risk is still present. The petitioner receives a formal and legal guardianship of the child if the risk remains.
In Minnesota, the law allows family members to take legal action and protect a minor child. A guardianship is available to family members and provides certain legal rights to the petitioner. A lawyer can explain all the legalities of acquiring a guardianship. Petitioners who want to start a motion contact Family Lawyers in New Ulm MN by visiting Blatzlawminnesota.com right now.
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