How does a court decide to appoint a guardian?
In Arkansas, the court considers the best interests of the child when deciding to appoint a guardian. Generally, a guardian is appointed if it is deemed necessary for the welfare of the child. Generally, the court will consider factors such as the parents’ ability or inability to care for the child, the child’s reasonable preference, the child’s relationship with the other parent (if any), any special needs of the child, and any special talents or abilities of the proposed guardian. In general, courts will also look into the proposed guardian’s financial resources. Courts will generally consider if the guardian is able to provide financial support and meet the child’s other needs. Generally, the court will look at the proposed guardian’s: income, debt, assets, credit history, and any prior criminal history. Courts will also look into any conflicts of interest between the guardian and the parent or child. Generally, if a relationship between the proposed guardian and the parent or child poses a conflict of interest, the court will consider whether the proposed guardian can still fulfill the role of guardian without bias. Finally, the court will also consider if the proposed guardian has the best interest of the child at heart. Generally, the court will look at the proposed guardian’s honesty, integrity, and ability to provide a safe and secure home to the child. Ultimately, the court must ensure that the guardian they appoint is capable and suitable for the job.
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