The major question that has been on the minds of many married couples in today’s world has to be: Does Marriage make you a legal guardian? Our blog post will provide the exact answers to your questions as well as other questions relating to this. In fact, most times, the question comes when it has to do with the children. Let’s deep dive.
Marriage is a beautiful journey that you must enjoy every moment. Moreover, Marriage is a social and romantic legal event between two people. For some, it is a civilized contract between a union of people who have agreed to spend their lives together, either as a form of companionship or for procreation.
Understanding Legal Guardianship
In layman’s terms, legal guidance is the procedure. In this procedure, the Court decides to bestow a person or people with the right, Authority, and power to train a child/children to make the right decision and also take care of a child who is incapable of making decisions on their own. The Child might either be a minor or an adult, as the case may be.
As a legal guardian, your first and foremost responsibility is to groom the Child or children to the best of your ability and provide all they need in their life, be it emotional, financial, spiritual, educational, or otherwise.
People gain equal rights as guardians post their marriage. However, his process can also be seen as joint guardianship if it is backed by law.
If you marry legally, then become the legal Guardian of a child automatically. But, if you or your spouse marry each other after your Child’s birth, Then you both assume the official position of guidance before you make it legal by going through several procedures.
This is because sometimes Marriage is not a go-ahead for becoming the legal Guardian of any child because of certain factors that might limit an individual as a guardian, especially when there are no legal documents that can serve as proof.
Differences between Marriage and Legal Guidance
Usually, People think once they marry, they become legal Guardians. But you have to understand clearly that, legal guardianship is a different entity from Marriage.
Does Marriage Make You a Legal Guardian? You can achieve legal guidance when the Court of Law appoints the responsibility of grooming a child in your hands. Parents need to be fit enough for this. So that they can take the responsibilities of the Child. However, in other cases, where the Child is an orphan.
Marriage, on the other hand, is a recognized and acceptable union that is legal between two persons who might decide to procreate or not. Marriage does not guarantee legal guidance.
In Marriage, if any spouse agrees to carry the responsibility of legal guidance for their spouse’s Child. In this case, a legal procedure is required. However by following the core processes or adoption. You need to contact the services of a legal professional to guide you on family law-related rules and regulations.
How to fight a Guardianship Case?
The process of fighting a guardianship case does not require the use of physical force, but it needs the help of a lawyer and the Court. Since the Court created the laws guiding legal guardianship, they have the power to replace, disrupt, or terminate any form of toxic guardianship.
Before you start to fight a guardianship case, make sure you have a proper Lawyer who can guide and help you understand the law. Even if you do not have a lawyer, you need to file a complaint through the court clerk or via the guardianship program. You can also get a guardian complaint form provided on the court website. You might also need to tag along with your witnesses.
Tips on what to write in a Guardianship Complaint
- Include everything in the Guardianship case file number which is known to you.
- It is also essential to input the Guardian’s name and address.
- Remember to include your name and address, as you are the one making the complaint.
- Do not forget to keep a record of significant facts that can support your complaint, which include:
- The name and address of the guidance.
- The time and location of creating the guardianship agreement
- Essential facts and reasons why you have decided to make changes or end the guardianship
- Incidents that have occurred since the guardianship
A step-by-step guide on how to Fight a Guardianship Case
Does Marriage Make You a Legal Guardian? There are specific procedures that you need to follow before you can fight a guardianship case, and you will get all the information you need below.
1. Visit a Court
First and foremost, you need to visit a court to file a complaint; before visiting the Court, always keep in mind that the decision of the Court is final and also in the best interest of the Child.
In Court, you need to contact the clerk to create a court meeting in which the individual who submitted the petition must be present. You also need to provide valid proof for you to win this case. If you are not satisfied with the judgment then You can appeal to a higher court also.
2. File a Complaint or Petition
Your next action plan can be to sign a petition after you visit the clerk in the Court. which is also known as a legal document and is meant to ask the Court to give limitations or make a change to the previous guidance agreement. This plea can also determine who becomes the actual guide.
It is advisable always to read thoroughly all the terms and conditions applied before you submit. You can decide to attach other vital documents, agreements, and evidence. Be aware that the process of filing a complaint might be different in various states, but the corresponding court clerk will guide you through the necessary steps.
3. Send an invitation to interested Persons.
While waiting for the court date, you may send an invitation to all those interested in the guardianship case, which may include your friends, family, witnesses, and those involved in the case.
You can also do well to send them a copy of the petition. You’ll be asked to provide what is known as proof of service, especially if you made the petition, so do well also to have a copy for yourself.
Can a Pastor marry a couple without a Marriage License?
Depending on the state or location of the country where you reside, you can answer this question. Some parts of the world might give pastors the right to go ahead and join the union of two persons without asking for a marriage license, so you must do research and must be aware of rules and regulations guiding this act in your state of residence.
Just like legal guidance is different from Marriage, there are also certain factors guiding marriage law. In our world today, most pastors or priests do not need a marriage license to join a couple in holy matrimony; this is because the church has a different idea of Marriage. A pastor may not really need a license to proceed with joining couples.
In the USA, You need to provide evidence of a marriage license to be legally married. A pastor may also choose not to marry a couple without a marriage license. Because the procedure is recognized as a crime in some parts of the United States.. As earlier stated, it is advisable to make your findings concerning the state you reside in and the rules guiding their marriages.
The situation in which the mother and father share Authority.
This literally means that the father and mother have equal rights to take proper care of the Child, no matter how the situation is.
However, there’s no room for superiority or inferiority complex in handling responsibilities. To make the Child well-trained they should work together. So that they provide proper education for the Child, make the best decisions for the Child’s interests, provide physical and emotional support, and provide medical services without limitations but to the best of their abilities.
Both Mother and Father can be equal joint Parenting If they share the Authority on both sides. In this case, the legal agreement has to fix all the requirements. So that they can promote a balanced and cooperative parental involvement in Favor of the Child.
Conclusion: Does Marriage make you a Legal Guardian?
Marriage does not in any way make you a legal guardian. If you want to achieve the title of a legal guardian, you need to make sure you visit a court or law. Provide all necessary documents in the Court. Never forget to sign the necessary documents needed to verify that you are capable of handling the responsibilities of a legal guardian.
As a legal guardian, you can share responsibilities with your spouse as a form of joint parenting, and it all depends on the agreement you have with your Partner.
FAQ’s
How Can You Be a Legal Guardian?
Does Marriage Make You a Legal Guardian? To become a Legal Guardian, you must visit the Court and understand and fulfil the legal process. The jurisdiction will confirm whether you can be a Legal Guardian or not. The Court will check your responsibility or eligibility to determine whether you are capable of taking care of your Child or not.
Who is the Child’s Legal Guardian?
Your Court decides on the Child’s Legal Guardian. How much you are capable enough to nurture the Child, needs to be considered by your Court. The Child’s Birth Certificate Court will check and confirm the name with conclusive evidence.
Can Step-Parents Be the Legal Guardians?
No, Step Parents can’t be the Legal Guardians of their Spouse’s Children. Step Parents might be capable of taking care of the Children, but that does not mean they can be legal guardians directly. Whoever wants to be a legal Guardian should follow the Court’s Protocol & meet the required criteria.
Can my Partner be my Legal Guardian?
You can designate your Partner as a Legal Guardian if your Partner doesn’t have any Parental responsibility. However, you can appoint someone as a Legal Guardian who does not have Parental Responsibility. They may be your Parents or Siblings. Taking the help of Court authority is always required to appoint anyone as a legal Guardian.
By Adopting, Can I become the Legal Guardian of my Step Child?
Yes, It’s another way you can become the Legal Guardian of your Stepchild. By adopting, you have to go through all the Protocols provided by the Court Authority. Meantime you will be capable enough to take care of your Stepchild w.r.t all aspects. In this way, you can maintain a healthy relationship with your Stepchild.
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