A guardianship is generally seen as giving the guardian all aspects of custody to a Guardian. That being said there are many times when the Guardian wants the natural parents to have some visitation or a natural parent may already be in a position where they are sharing custody with a guardian and may have a dispute regarding the exact nature of parenting time, child support, or of the guardianship.
The written statutes do not give us clear guidance as to how to modify, create or terminate a guardianship, but the courts have been asked to determine how to reconcile the competing interests of guardians and other people desiring custody or parenting time.
This is extremely confusing and difficult area of family law and you should consult an attorney that has had some experience in this particular area.
A recent Idaho Supreme Court case gave us a little guidance on how to analyze such a request, in Doe v. Doe, 150 Idaho 432 (Idaho 2011) the Court stated:
" [a]ny person interested in the welfare of a ward, or the ward, if fourteen (14) or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward " Doe at p. 436. (Quoting Idaho Code § 15-5-212(a).)
and also
In determining the best interest of the children, the magistrate court could and should consider that it is usually in the best interest of the children to be in the custody of the natural parent(s). That factor can and should be considered in reaching the ultimate conclusion of whether termination of the guardianship is in the best interest of the child. Id.
The written statutes do not give us clear guidance as to how to modify, create or terminate a guardianship, but the courts have been asked to determine how to reconcile the competing interests of guardians and other people desiring custody or parenting time.
This is extremely confusing and difficult area of family law and you should consult an attorney that has had some experience in this particular area.
A recent Idaho Supreme Court case gave us a little guidance on how to analyze such a request, in Doe v. Doe, 150 Idaho 432 (Idaho 2011) the Court stated:
" [a]ny person interested in the welfare of a ward, or the ward, if fourteen (14) or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward " Doe at p. 436. (Quoting Idaho Code § 15-5-212(a).)
and also
In determining the best interest of the children, the magistrate court could and should consider that it is usually in the best interest of the children to be in the custody of the natural parent(s). That factor can and should be considered in reaching the ultimate conclusion of whether termination of the guardianship is in the best interest of the child. Id.
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