Guardianship

Guardianship

Idaho Code, Title 15, Chapter 5.
Any individual who is not the biological or adoptive parent of a child and/or does not have a child custody order can file a petition for guardianship of a child. There are many reasons people may choose to pursue legal guardianship. From grandparents hoping to obtain the legal right to raise their grandchildren to godparents obtaining guardianship after the legal parents pass away, you can count on our Boise guardianship lawyer to pursue a positive outcome.

An Idaho court can appoint a guardian for any unmarried minor child whose biological parents have passed away, had their rights terminated, or have abused their children. Any adult can become the legal guardian of a child as long as they can provide adequate care to their child.

Additionally, for guardians to be eligible they must:

  • Not be the biological parent of the child
  • Not have child protection orders filed against them
  • Not have any child abuse convictions
  • Show they have a genuine interest in the welfare of the child
  • Commonly, guardians in Idaho are relatives or close family friends of the child.

Additionally, potential guardians must prove:

  • The biological parents have abandoned, abused, or neglected the child
  • The child is living in an unstable or unsafe home
  • How the potential guardian will care for the child
  • Other relevant factors

Once these factors are presented, the judge will determine whether to grant the guardianship or not. If they rule in favor, the legal guardian will be responsible for all the financial and personal care a legal parent would have.

children's hands in adult palms

For guardianship in Boise, Idaho,
call Davis and Hoskisson, PLLC today.

208-345-1388