The effect of divorce on a guardianship for children not born of the marriage

A couple achieves guardianship over children not born to them during the marriage. The couple decides to divorce. How does that affect the guardianship of the children?

While any guardianship matter will be controlled by the guardianship agreement itself, many times the agreements are silent on what happens in divorce. Even if the guardians divorce, this is a separate process that does not affect the guardianship. Both parties will continue to serve as guardians of the children, and any changes will need to be made through the court that granted the guardianship, not as part of the divorce.

There are many considerations in trying to get a guardianship modified. There will likely be a hearing on the matter, and the biological parents may need to be notified. The guardianship court will always need to consider the best interests of the child or children involved.

Opening a guardianship case is something that is best done with the assistance of an attorney. Contact Dailey Law Offices to set up a free initial consultation in either our Hilliard or Delaware office today!


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