You will need to file a Jurisdictional Affidavit. They do this to make sure they are following the Act. Courts use a Jurisdictional Affidavit to find out about all of the cases involving a child, and to figure out which court has the power to make a decision about guardianship. Cases about the guardianship of a minor can now be heard in either Probate or District Court. This law is meant to prevent more than one case about the same child from happening in different courts. Note: In 2016, Maine passed the Home Court Act. Step 1: Get the required court forms and fill them out Each county in Maine has a Probate Court. The Probate Court can appoint a legal guardian for minor children when it is appropriate. Who can decide to appoint a legal guardian? Click here to read more about Homeless Students Rights to Attend School. (However, some schools will allow this if the child's parents live in the same district.) At the same time, "homeless" students have the right to attend school under federal law. Note: Generally, an adult with a simple power of attorney over a child may not enroll the child in that adult's local public school. However, as a practical matter - depending on the parents' situation - guardians often provide financial support. Legal guardianship does not include financial responsibility this remains with the parents. provide for the child's general welfare.enroll the child in public school in the guardian's community, and.request and accept medical treatment on a child's behalf,. A legal guardian, generally speaking, takes over the care and upbringing of the child, making all parenting decisions. What is a legal guardian?Ī legal guardian takes over day-to-day decision making and control of the child from the natural guardian under a court order. You can also talk with the folks at Maine Kids-Kin or Adoptive and Foster Families of Maine about your options. Please read all of this information and learn everything you can before deciding to seek a guardianship. The natural guardians are responsible for the child's care, custody, control, services and earnings until the child turns 18.īut what can you do if the natural guardians are not able to take care of the child? How can you help that child? One way is to become the child's legal guardian. Under Maine law, the biological or adoptive parents of a child are the natural guardians of that child. NOTICE: Probate Forms GS-101 (Petition & Child Custody) IntroductionĪre you worried about the health and safety of a child you love?
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