A: Not usually. A court order will say who their guardian is. However, in two situations children can apply to court to have particular adults made their legal guardians. The child either (1) has no guardian at all or (2) has no guardian who can or wants “to exercise the powers, responsibilities and entitlements of guardianship in respect of the child.” In short, if there is no one actually functioning as a child’s guardian, then the child can apply to make someone a guardian. The situation changes somewhat once the child reaches age twelve. Then, in most cases, the child has to consent to having a particular adult be guardian before that adult can be made guardian.
>>Back to Q & A - Family Law