Depending on why you are seeking termination, this evidence may include: As part of your petition or during the court hearing, you may be asked to provide evidence to support your request for termination. You should check with the court to see whether there are any fees associated with the filing. The petition must be filed in the appropriate court, usually in person.Whether there is consent among the interested parties that termination should occur.Whether the petition is related to an estate or guardianship of a person.The names and contact information for any person who should be notified of the petition and hearing, including the minor, and the minor’s parents.The reasons the petitioner is requesting termination.The name and contact information for the petitioner (the person filing the petition) and their relationship to the child.The name of the court where the petition is being filed.Generally, a Petition for Termination of Guardianship will include the following information: Often, these courts will also have form petitions for you to use. As mentioned above, you can locate the appropriate court with an internet search. Each county has its own rules for filing a Petition to Terminate Guardianship. X Research sourceįile a Petition to terminate the guardianship. The resignation will not disadvantage the minor.The resignation will permit financial gain for the minor.The guardian and the minor disagree with respect to the care of the minor and the conflict is detrimental to the minor.There was an increase in the burden of the guardianship that should have been discussed or planned for during the original appointment.The guardian can no longer serve because of age, illness or infirmity.One or both of the parents are able to resume their parental responsibilities. X Research source In order to show the court that the resignation is in the best interest of the child, a guardian may argue the following: The court may terminate the guardianship, appoint another guardian, or, if no replacement is available, the child may be placed in foster care or become a dependent in juvenile court. Generally, a guardian must petition the court before resigning. A guardian can also request to terminate a guardianship by resigning as guardian. If the child applies for emancipation, which means he or she petitions the court to be ruled an adult, and the court grants the petition, a guardianship will be terminated. In most states, any one of these circumstances is grounds for termination of the guardianship.
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