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FAQ

Can an older sibling be a legal guardian Australia?
Do Siblings Count as Legal Guardians? Yes, a sibling can be a legal guardian if the age requirements discussed above are satisfied and the court grants the sibling custody rights. Courts presume the child is best suited to live with a biological parent.
What happens if there is no guardian?
If you and the other parent of your children are deceased and there is no guardian appointed for them under a valid Will, then anyone with an appropriate relationship, like a grandparent, aunt, uncle, sibling, step-parent or family friend can apply for guardianship of your children.
How do you become a legal guardian in Victoria?
Applying for guardianship orders The person who asks VCAT to make an order is called the 'applicant'. The applicant will fill in a VCAT application form about you. They must include details of the personal matters about which the order is sought and state their reasons for making the application.
What is the difference between custody and guardianship in NC?
Only a parent can have custody of a child, where a legal guardian does not have to be his or her parent. Child custody can be physical or legal. For instance, a non-custodial parent can have physical custody of a child during weekends but is not able to make legal decisions for the child.
How do I get guardianship of my child in NC?
A person with an extensive criminal background may not become the guardian of a minor. In order to become a guardian, you must complete an application with the Clerk of the North Carolina Superior Court in the county of the child's residence. There are also court costs and fees to be paid.
How much does it cost to get legal guardianship in NC?
Paying a fee ($120 to petition, and $120 if/when General guardianship or Guardian of the Estate is granted). Fees can sometimes be waived based on income and other assets of the respondent. The court notifies the respondent and any interested parties (typically family members).
What does guardianship mean in Louisiana?
What is guardianship? The word "guardian" is used frequently to refer to the person who has legal authority over a child. However, the only time someone is officially named a guardian in Louisiana is after a child has been found to be a Child in Need of Care.
How do I become a legal guardian of a child in Victoria?
Applying for guardianship orders The person who asks VCAT to make an order is called the 'applicant'. The applicant will fill in a VCAT application form about you. They must include details of the personal matters about which the order is sought and state their reasons for making the application.
How do I get guardianship of a child in Australia?
Steps in the assessment process. Step 1 13 The prospective guardian is provided information about becoming a guardian. Step 2 13 The applicant completes a guardianship application form. Step 3 13 The child or young person over the age of 12 years must provide written consent (where capable) to the guardianship order.
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