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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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