Does guardianship fall under family law?

Legal guardianship is assigned by a court, such as the family court, according to state laws. For parents/guardians involved in guardianship cases, it may be helpful to consult with and/or retain the services of an attorney who practices in the area of family law for assistance.

How does guardianship work in NY?

A person becomes an official legal guardian when the Judge issues a specific order (letters of guardianship) naming him/her as a guardian of the person, a guardian of the property or a guardian ad litem. A legal guardian named in a will must ask the Judge for an order of guardianship after the death of the parent.

Does guardianship override parental rights?

The guardian must continue to serve in the role until the guardianship is terminated pursuant to a court order. So, while the parents’ rights will not be terminated by the appointment of a guardian, a guardianship can override parental rights to the extent ordered by the court.

What is Article 4 in Family Court?

Typically, child support is established by a custodial parent, best with the assistance of his or her child support lawyer or Family Court attorney, filing a Child Support Petition under Family Court Act Article 4 against the non-custodial parent. …

How do I get full custody of my child in NY?

How do I ask the court for custody or visitation of my child? Anyone can file a custody or visitation petition in Family Court. The parent must name the other parent on the petition and explain the reasons why he/she should have custody. Either parent in a custody or visitation petition has the right to an attorney.

What is an Article 4 support?

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

When to file for guardianship of an incapacitated person?

An Incapacitated Person (AIP) is someone who needs some help to care for themselves or manage their property or financial affairs. This kind of guardianship case is brought in Supreme Court or County Court under Article 81 of the Mental Hygiene Law.

How old do you have to be to become a guardian in NYC?

An adult relative or family friend, a child-protective agency or if the infant is over the age of 14 years, the infant (child), can petition the court to be appointed as the guardian or standby guardian of a child. Where do I file a Guardianship?

What happens in a family court guardianship hearing?

In a Family Court guardianship hearing, the court takes testimony concerning the person seeking guardianship to determine whether it would be in the child’s best interests to allow that person to take responsibility for the child’s care. If the child is over 14 years of age, the court may consider the child’s own preference.

Who is authorized to appoint a guardian of an infant?

The Surrogate and/or the County Court has the power over the property of an infant and is authorized and empowered to appoint a guardian of the person or of the property or of the person and property. There are no filing fees in Family Court.

Does guardianship fall under family law? Legal guardianship is assigned by a court, such as the family court, according to state laws. For parents/guardians involved in guardianship cases, it may be helpful to consult with and/or retain the services of an attorney who practices in the area of family law for assistance. How does guardianship…