How Do You Obtain Guardianship in New Jersey

  • Sep 14, 2022

In general, guardianship allows caregivers, including relatives, to take over the role of parent. A person, who is granted guardianship rights, has the legal duty to care for the child as if it were their own.

It is important to note that the process on how to obtain guardianship is different from adoption because guardianship means that the child’s biological parents do not lose their parental rights.

Each state has its own set of guardianship laws in the United States, and in this article, we will discuss the laws in New Jersey. The guardianship law can be confusing and complicated. Falcon Law Group is ready to help you if you need assistance with guardianship matters.

How to Get Legal Guardianship of a Child

If you wonder how to obtain guardianship for a minor in New Jersey, you should know about the following requirements you have to meet:

  • The parents of the child are not able to take care of the child
  • You can financially care for the child
  • You are a family member or a close family friend
  • You have been taking care of the child for at least 12 months

As the legal guardian of a child, you will have the same rights as the parents, with a few exceptions. For example, you will not be able to change the child’s name or consent for the child to be adopted by other people.

How Much Does It Cost to Obtain Guardianship?

In general, the cost of most guardianship proceedings is at least $5,000. As an applicant, you must pay filing fees for two attorneys, two doctors, and a trial.

How Long Does It Take to Have Guardianship?

Obtaining guardianship in New Jersey takes anywhere from 30 to 120 days to get a court hearing approved. There is also emergency guardianship that is usually granted much faster. However, it is important to note that emergency guardianship is not intended to last for longer than one year.

How to Obtain Guardianship with an NJ Guardianship Attorney?

Like any other legal process, obtaining guardianship is complicated and stressful, and you may need professional legal help. The first step in this process is hiring a guardianship attorney who will provide you with the necessary guidance and help you avoid pitfalls. An attorney will navigate you through this process and make it easier.

Here is a list of the main benefits of hiring a guardianship lawyer for your case:

  • Preparing your petition. In order to prepare the initial petition correctly, you need to conform to legal requirements. An experienced guardianship attorney New Jersey will assist you in preparing the petition, so you can avoid making critical mistakes.
  • Guidance regarding fiduciary obligations. A guardianship attorney’s primary task is to help fulfill fiduciary obligations. Your lawyer will collect evidence for you, interview witnesses, and do anything else necessary before the commencement of the trial. In addition, an attorney will also assist in collecting medical reports, doctor’s certifications, and other documents that the court requires.
  • Information about guardianship laws. Another important task of an attorney is to share important information about guardianship laws with their clients. Since the laws may change, hiring an experienced lawyer who has dealt with guardianship cases is very important.

Need a Legal Help from an Experienced Guardianship Attorney New Jersey?

guardianshipObtaining guardianship can be a tough, stressful, and complicated process.

If you are looking for knowledgeable legal assistance to help you with the initial petition, collecting information, preparing NJ guardianship forms, and other things – our NJ guardianship attorney at the Falcon Law Group can help.

Our law firm is one of the leading firms in guardianship in northern New Jersey and the New York metro area. Call us today and get answers to your questions.

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