A guardian takes on serious responsibilities when appointed to care for a child. But not every guardianship arrangement continues to serve the child’s best interests. If you believe your child’s guardian should be removed, you may be able to seek a court-approved change.
Removing a guardian can be a sensitive process. Even small, unintentional errors in a petition or filing can create delays or raise concerns about fraud. It is important to approach this step carefully to avoid misunderstandings that could affect the outcome or the child’s well-being.
What you need to know about guardian removal
Whether you are the parent of the child or another interested party, there are generally two paths for removing a guardian: involuntary removal and voluntary resignation. Each requires court involvement.
- Involuntary removal: A guardian can be removed through a court process if they are not fulfilling their duties or if a change in circumstances makes the guardianship unnecessary. Anyone with an interest in the child’s welfare may file a request for removal. The court will examine whether the current arrangement is still appropriate and may hold a hearing to evaluate the situation.
- Parental petitions: A parent who wishes to regain care of their child may file a petition to discharge the guardian. The court will notify the guardian and the child’s closest relatives, and a hearing may follow if there is any disagreement. The judge will then determine whether ending the guardianship supports the child’s best interests.
- Voluntary removal: A guardian may choose to step down by submitting a written resignation to the court. The court may ask about future care arrangements for the child. If no suitable adult is available, the child could be placed under the care of the Department of Children and Family Services.
Removing a guardian involves careful planning and proper filing. Obtaining legal guidance can be helpful if you are considering this step for your child’s protection and future.
