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How to Gain Guardianship of a Disabled Child Who Is Being Abused or Neglected

If you know a disabled child that is not being cared for properly, and you would like to gain guardianship of him or her, you need to meet with an attorney who specializes in guardianship cases right away. There is a process that must be followed in order to gain guardianship for a child who is disabled and in need of proper care. The following guide walks you through a few things that may have to happen in order for you to gain guardianship of the child.

Proof of Poor Care or Abuse

In order to establish a case for guardianship, there has to be proof that the child is not being cared for properly by his or her parents. Anyone can make a claim to their local branch of Child Protective Services anonymously. The branch will need to send someone to the home to investigate whether the child is being abused or neglected and a report must be filed. This will establish that there is a history of abuse or neglect against the child, which can then be brought up when you go to court to fight for the child.

You Must Be Associated with the Child

In order to gain guardianship of the child, you have to be directly involved in the child's life in some way. If you are a caregiver for the child during the day, a friend of the family, or a relative, you could qualify as a potential caregiver for the child.

Medical Knowledge Is Not Typically Required

Most jurisdictions do not require you to have specific training in the medical care that the child requires in order to gain custody of the child. They know that most medical care can be taught to someone who really wants to learn it. On the other hand, taking classes to learn how to care for the child properly would show the courts how serious and dedicated you are to helping the child get out of their situation.

Once all of these factors have been met, a guardianship lawyer can take the case to court and fight for you to gain custody of the child. He or she will need to prove that the surroundings the child is currently in are not safe and that you can provide him or her with a better life than the child's parents are currently able to give him or her. If the parents do not consent to relinquish their guardianship, you could be in for a long and expensive battle to gain custody of the child. If you are able to save a child's life, though, it is an investment worth making.