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Bronx New York online Form 5495: What You Should Know

The form is completed and approved. The application is mailed or hand delivered to the court along with a letter of release. NYC DCR and Bronx Family Court will have an initial meeting with the applicant within 10 days in which the following questions and information will be explored: How does an individual who does not have dependents (spouse, domestic partner, minors or grandchildren) determine whether he or she should file a petition for a guardianship of a minor child or ward? How can a parent determine whether to file a petition for guardianship of a deceased child? How should a parent determine if he or she is a fit and proper person to determine the care and welfare of a child? Are there other alternatives that could be used instead of a petition for a guardianship? After the initial meeting, the court will assign a case agent and process the appropriate application to the Court. The next court hearing is for the placement of the case agent of the child's parent. The petitioning parent makes a showing in front of the judge that a guardian is appointed, and a written statement is submitted to the court as part of the proceeding. The Court will then issue a summons and order a child, spouse or adult relative to appear at the scheduled hearing and present his/her case. The child or relative is required to appear at the meeting with an attorney if one was appointed. The attorney must answer the legal questions from the applicant and will prepare documents related to the petition. What to Expect at the Court Meeting 1. The attorney for the other parent will present evidence and speak in general terms to set out the issues. 2. After the attorney has provided evidence to the court, the attorney for the child or relative will present further evidence and speak to the court about the issues of the case. 3. The court will hear testimony from the applicant and the supporting witnesses, examine and decide relevant issues, and enter judgments. A child guardianship proceeding is only heard in Bronx Family Court and may never be heard by a Judge in another court. The Court hearing is a fact-finding hearing and can be very lengthy. Determining a Child's Capacity The Court is primarily concerned with the children themselves, and their capacity as a child to make decisions for themselves. The primary test is the Court considers the child's age and maturity in arriving at its conclusion that the child is fit to make or decline the decisions the Court is authorizing.

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