Guardianship is a legal relationship where a person or an institution is named in a will or assigned by the court to care for a minor or an incompetent adult. In Honolulu, either the minor or someone interested in the child's welfare may petition for the appointment of a guardian. The court may appoint a guardian if the court determines that it would be in the child's best interests and the court has: the parent's consent, all parental rights have been terminated, or the parents are unwilling or unable to exercise their parental rights. If you are seeking guardianship, then speak to a Honolulu divorce lawyer at my firm. I can help you fight for the right to legally care for your loved one.

Before the guardianship takes effect, the court may confirm the parent's selection and terminate the rights of others to object upon the petition of an appointing parent, and a determination that the parent will be unable to care for the child within two years.

Once a guardian is appointed, the minor will remain under the court's supervision until he or she turns eighteen. While the judge is not required to honor a parent's request when someone is named in a will to be the guardian of their child as in the death of a parent, this individual is presumed to be the preference and the parent's wishes are usually honored.

It's important to note that the appointment of a guardian does not supersede the parental rights of either parent. However, if both parents are deceased or if they have been adjudicated incapacitated persons, then the appointment of the last parent who died or was adjudicated an incapacitated person will have priority. Once guardianship is appointed, the guardian has the same duties and responsibilities of a parent in regards to the child's care, support, health, education and welfare until the child turns eighteen. The guardian shall always act in the child's best interests and exercise reasonable care, due diligence and prudence in respect to the child.

Guardianship of a minor child is a very important issue, particularly if the child's parent or parents are ill or otherwise unable to provide proper care or support for their son or daughter. With over 20 years experience in the field of family law, I can offer you guidance and legal representation with your guardianship matter. I encourage you to contact me at my firm, the Law Office of Steve Cedillos to schedule a free consultation where we can discuss your concerns in more detail and answer any questions that you may have.