Guardianship litigation: You can fight for guardianship

Lynard C. Hinojosa

When your loved one died, the last thing you were worried about was their choice of a guardian. You knew they’d make good decisions for their children and make sure they were cared for appropriately. Unfortunately, their choice of guardian was unable to take over the role.

With no guardian to go by in their will, the judge had to determine who to place your family member’s children with. Despite asking for guardianship and custody yourself, they ended up being placed with one of your cousins who claimed she had a great relationship with the kids.

The next time you saw the children, you couldn’t believe how they looked. They were wearing worn-out, dirty clothes and were thinner than you remembered. They were healthy, but they didn’t seem happy. These children were left funds, and they should be flourishing despite all that has happened. On the other hand, your cousin was sporting new clothes and driving a fancy new car. You want to challenge the judge’s decision because something here does not feel right.

When you have a dispute over guardianship, you may need to litigate. You can ask a judge to reconsider who they’ve placed the children with and to look at facts, such as missing funds or the children’s poor appearance, to help determine if they’re really in the right home. You should prepare information to show how close you were to these children and why you feel that they’re currently at risk or not being cared for appropriately.

Your attorney can help you build a case. So long as you are trying to look out for your loved ones’ best interests, the judge should be willing to hear your case. Make sure you have the right evidence and supporting documents, and you’ll be in a better position to make a strong case.




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