Parent Vs Guardian

Parental rights are not terminated in a permanent guardianship. However, it can remove a parent’s legal custody of his or her child. In most cases, permanent guardianship can be revoked if the child’s parent, the child, or another party chooses to file a petition with the court to revoke the guardianship. This can occur if the parent is deemed able to care for the child properly or if the guardian is deemed incapable of properly caring for the child.

Parental Rights Vs Guardianship

The State of Arizona acknowledges the inherent right possessed by biological parents to rear their child or children. To safeguard these rights, Arizona has established statutory provisions that preserve parental authority over the child’s upbringing, education, and medical care. Biological parents maintain these rights notwithstanding any arrangement wherein a guardian holds physical custody of the child. Guardianship court orders, however, supersede custody provisions established in family court orders.

In essence, guardianships hold precedence, and guardians possess the authority to act in the child’s interest when the biological parent’s rights have been suspended. Biological parents may voluntarily confer guardianship upon a non-parental third party when they lack the capacity to provide care for the child.

Should guardianship be awarded to such a third party, the parent retains the right to revoke this authority at any subsequent time. The parent must file a petition with the court to dissolve the guardianship. Should the court subsequently determine the guardian to be unsuitable, the parent shall be required to satisfy the conditions prescribed by the court.

Legal Guardianship Types In Arizona

Below are the two types of legal guardianship that someone can petition the court for in Arizona.

Title 14 Guardianship

Also referred to as probate guardianship, Title 14 guardianship, is the easiest guardianship type to obtain. An individual must have the express consent of both parents in order to get this guardianship. One exception to this rule is if both parents have either had their rights legally terminated or if a parent is deceased.

Title 14 is oftentimes temporary and put in place when a parent is deployed or out of town. This type could also be used for appointing a guardian through someone’s will. This guardianship is typically granted through probate court. For example, a child aged 14 or older can tell the court whether they wish to have a guardian, and who they would like as a guardian, according to the Arizona Supreme Court. A child of this age or older is also able to petition the court to have a guardian removed.

Title 8 Guardianship

Title 8 guardianships will not require consent of both parents. They can be a more challenging type of guardianship to obtain, though. If someone believes that it is not in the best interest of the child to remain with one or both legal parents, he or she can petition for guardianship via juvenile court.

Unlike Title 14, Title 8 guardianships are permanent. If a parent happens to disagree with the guardianship, testimony and evidence can be submitted to court and a judge will determine what is in the child’s best interest. A guardian may be appointed under Title 8 if the child is deemed a dependent minor, has remained in the custody of the potential permanent guardian for at least nine months, and if reasonable efforts have been made to reunite child with the biological parents.

Source: “Does Guardianship Override Parental Rights?” Custody Xchange https://www.custodyxchange.com/topics/custody/legal-concepts/guardianship-parental-rights.php