If Im a single parent do I have to apply for guardianship of my children?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Im a single parent do I have to apply for guardianship of my children?
I have been a single mother since the father of my
children passed away years ago. I have been the
sole provider and supporter for both my children. Do
I need to apply for guardianship through the court
system?
Asked on January 18, 2019 under Estate Planning, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, a biological parent automatically has legal guardianship over her minor children, unless she either voluntarily gave up those rights (e.g. so someone else could adopt them) or had her parental rights stripped away by a court (such as if she is mentally ill or a drug user and court found her an unfit parent). Unless you gave up or had parental rights taken by court order, you have parent--that is, legal guardian--rights.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.