How Does Divorce Affect Guardianship?

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?

Who Determines Guardianship?

Guardianship matters are controlled by the guardianship agreements themselves, though many times, the agreements are silent on what happens in divorce. Even if the guardian's 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.

What Happens When You Modify Guardianship?

  1. There will likely be a hearing on the matter.
  2. The biological parents may need to be notified.
  3. The guardianship court will always need to consider the best interests of the child or children involved.

Should You Seek Legal Help?

Guardianships are regulated by state laws and often have their own caveats and rules. In order to avoid difficulties, opening a guardianship case is something that is best done with the assistance of a family law attorney. Before making any decisions that can impact your guardianship, contact an experienced Hilliard child custody lawyer to set up a free initial consultation today!


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