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Guardianship
Am I obligated to pay child support to wealthy guardian?

Am I obligated to pay child support to wealthy guardian?

Q: How to assign guardianship of a child in case of parents' death?

To assign guardianship of a child in case of parents' death, parents should create a will that explicitly names a guardian. This document should be signed and witnessed according to state laws. It's advisable to discuss this choice with the potential guardian beforehand to ensure they are willing to take on the responsibility.

Full question:

Five years ago I signed 'Guardianship' statement authored by my daughters wealthy grandfather and his wife. I have seen my daughter only once since then; now out of the blue I have received a demand from the state of Washington for child support. What are my options? I signed over guardianship to wealthy grandparents when my daughter was diagnosed with diabetes. I thought I was doing the right thing until they cut us out of her life.

Category: Guardianship
Date: 04/07/2025
State: Arizona

Answer:

Guardianship is generally different form adoption, as it does not cut off the ties to the child’s parents forever. Guardianship temporarily changes the custody of the child but the child and the parents are still legally related. Simultaneously, the parents also still have a legal responsibility to support the child financially. The duty of support by a parent is not dependent on visitation. If the guardian denies visitation, the parent still must pay support payments.

The answer will depend on the nature of the guardianship and the facts and circumstances involved. For example, if you signed a voluntary power of attorney, it may be possible to revoke the power of attorney. If the guardianship was established through the court, it may be possible to petition the court to terminate the guardianship. If you don't wish to terminate the guardianship, it may be possible to petition for a modification of the child support order. I suggest you contact a local attorney who can review all the facts and documents involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the legal document for designating guardianship in case of death?

The legal document for designating guardianship in case of death is typically a will or a testamentary guardianship designation. In your will, you can name a guardian for your minor children, which the court will consider when appointing guardianship. It's essential to ensure that the chosen guardian agrees to this responsibility and that the will is legally valid in your state.

When both parents are dead, who will be the guardian?

When both parents are deceased, the court will appoint a guardian for the child based on the best interests of the child. If the parents named a guardian in their will, the court will generally honor that choice unless there are compelling reasons not to do so. If no guardian is named, the court will consider relatives or other individuals who may be suitable.

How to assign guardianship of a child in case of parents' death?

How to write a guardianship letter for a child in case of death?

To write a guardianship letter for a child in case of death, include the child's full name, the name of the proposed guardian, and a statement of your wishes regarding guardianship. Make sure to sign and date the letter, and consider having it notarized for added legal weight. However, a will is the more formal and legally recognized method for establishing guardianship.

How hard is it to get guardianship of a child?

Obtaining guardianship of a child can vary in difficulty depending on the circumstances. Generally, you must file a petition with the court and demonstrate that guardianship is in the child's best interests. The process may involve background checks, home studies, and court hearings. Having legal representation can help navigate this process.

How to write a guardianship letter for a child in case of death?

To write a guardianship letter for a child in case of death, clearly state your intent to designate a guardian, include the child's name, and identify the proposed guardian. It's important to express your reasons for this choice and ensure the letter is signed and dated. While this letter can express your wishes, a will is the more formal document that courts recognize for guardianship.