Who can petition the court for a guardianship?
In Colorado, anyone who is an adult and has a legitimate interest in a child’s welfare can petition a court for guardianship. This includes any parent or grandparent of the child, a conservator of the child, a person designated by the child, or a public official in charge of the child’s care. If the child does not have a legal guardian, any person who has physical custody of the child or any person who has an interest in the welfare of the child can petition for guardian. The court will decide if the petitioner has the ability to properly care for the child and will consider the existing relationship the petitioner has with the child. The court will also consider the wishes of the child, if the child is old enough to have an opinion. The court will also consider other conditions, such as any existing mental or physical disabilities. When deciding who to grant guardianship to, the court will take into account the best interests of the child. The court may also consider any potential risks that the petitioner may pose to the child in deciding whom to appoint. The court will also consider if the proposed guardianship will provide the child with financial security and the necessary care needed.
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