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Speak Up! - View Question #169 |
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Question: Can a minor get their guardianship changed?
Answer: A minor cannot go into court and ask the court to change the guardianship as a minor has no standing to bring an action in court. However, in most states the guardian must report to the court periodically and if there is a problem in the report, the court may set a hearing to review the guardianship. The minor may have a chance to talk to the judge at that hearing, depending upon how old the minor is.
In Arizona if a guardianship is based on the consent of the parent, the parent may withdraw the consent, and the guardianship will be terminated. Then the minor would then be again in the care and control of the parent. If the rights of the parent have been terminated, then the parent may not do this.
The reason for wishing to change your guardian plays a large role too. If it is a matter of not getting along with your guardian or wanting more freedom than the guardian is allowing, the court will probably not be of help.
If it is a matter of child abuse or negligence, you should immediately seek help. You can call the following number anytime: Child Protective Services 888-SOS-CHILD or 888-767-2445
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| Comments |
| 1 thru 5 of 27 comments |
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On 03/09/08
lea from OH said:
ok i live with my mom and her boyfriend...there really great parents in ways....but they give me no freedom in any way...the biggest thing is my schooling!!i was offred to go to this top of the line boreding school that would do very good for me in my fruture..they said no and there are other things that i have be offred to do for school...they are holding me back in one of the most imporent thing in a kids life!!!i feel if i wasnt living with them any more i could do a lot more things that could help out when collage comes a long!!!how could i make that HAPPEN?!?!
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On 08/02/06
jay from AZ said:
my mom is an alcoholic and when she drinks she is heavily influnced by her boyfriend,she takes his side all the time,and he hit my brother, and this made my older brother move out wit my oldest brother, and now i want to do the same thing but she letting me stay with my oldest brother for right now wat shud i do? the same thing that happened to my brother is happening to me.
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On 01/06/06
mechelle from CA said:
I think that a child should be able to pick the person that that child wants to be with.Me as a child loosing her mother at the age of 16 want to change her guardian because of the disconfort in the home , but is not able because of the aunt guardianship.
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On 10/24/05
Carol from FL said:
My mother is dating a man who recently hurt me. she pressed charges but now she is dating him again. she wants to get married to him. she also doesn't like my boyfriend who is 20. my sister steals all of my belongings. I don't even have a window my mom put a board up instead. she doesn't take care of me and i have to work to take care of myself. she is trying to take my paychecks even though she recieves my social security. I don't know what I am going to do. I want to get emacipated but she won't sign the consent. I have a job, and a place to stay. I don't know what I am going to do. Advice?
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On 06/05/04
Lorainne from FL said:
I'm 15 and want to marry my fiance who is 18 and i need to know a way to do so WITHOUT Parent permission.
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