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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 |
| 6 thru 10 of 27 comments |
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On 04/27/04
katherine allen from GA said:
I am going through alot in my home because my mom's boyfriend is very verbally and emotionally abusive. I try to talk to my mother about it but she's always on his side and he causes her to be emotionally and verbally abusive. The Department of Family and Children said they cannot hep me and the abuse that is happening causes me to be a cuter (self mutilater) so im trying to see if they will help me change my gaurdianship to someone else. I don't want to spend another year unhappy and unjustified.....thanks.
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On 04/04/04
Samantha from IN said:
I am going through the exact situation with my mother. There are times that I wish I could just run away, but I know she would have the police after me in a heartbeat. Do you have to be 18 to leave home?
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On 02/20/04
Afton from AZ said:
I know for a fact that in the state of Arizone after the age of 15 you are able to get married without parental consent. It is in the law
books in my library. All you have to do is go to a municipal court and get a marriage liscense which will cost around $30.00. Then after 72 hours you are able to get married. If all else fails you can go to court and a judge can grant you the consent to get married if they see that you are fully capable of understanding what happens in marriage. Don't let this website or your parents fool you. Go to the library and find out for yourself.
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On 02/11/04
arielle from MI said:
I believe verbal and mental abuse is worse than physical, because hurtful words stick with you always. If their is constant fighting and arguments, causing a teen to be depressed or even suicidal, then they should be removed. It isn't right for a teen to live an unhappy life, especially if other relatives are capable of raising them, and the teen is not a problem maker, then they should be able to speak to the court system.
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On 02/03/04
Kara from IL said:
My parents got divorsed about 6 years ago now, i was forced to go live with my mother, last year i was able to come back and live with my dad... leaving my little brother with her.... It is an unsafe place for him and I really don't want to go in to detail about it... but is it possible for my sisters and I to fight for custody of him?
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