‘Community should be aware of procedure for guardianship’

The community should be aware of the proper procedure in seeking legal guardians of minor children, according to Superior Court associate judge Juan T. Lizama.

Lizama said the community needs to know that the normal and proper procedure is to secure guardianship first and then to place the child in the custody of the guardian.

“The natural parents of a child must ensure their proper care at all times,” said the judge in his order that granted Jerry J. Barcinas and Agnes A. Barcinas legal guardianship of their minor niece.

The guardianship hearing was held on Rota on March 14, 2008. The child’s biological parents petitioned for the appointment of Jerry and Agnes Barcinas to be their daughter’s legal guardians.

Jerry and Agnes Barcinas, who are currently living in North Cape Court, Belleville, Illinos, consented to the guardianship. The child is currently living with Jerry and Agnes Barcinas.

In his order, Lizama said while he consents to the appointment of the aunt and uncle as the child’s guardians, he is troubled by the fact that the child was left in their care prior to the filing of petition.

“The usual procedure in a situation such as this would require the child to remain with her natural parents until the court approved the appointment of the aunt and uncle as guardians,” the judge pointed out.

In fact, Lizama said, this is not the first instance where he has had to approve the appointment of guardianship despite improper procedure.

In the previous case, he said he admonished the community to conform to the proper procedure in guardianship proceedings.

“While the petitioners in this instance did not follow proper procedure, due to the fact that the child is already residing with the guardians, the Court will approve the appointment,” Lizama said.

In addition, he said, he is disturbed by the proposed guardians’ absence from the hearing on the petition.

Presence even if by telephone at these hearings, the judge noted, ensures that the proposed guardians understand their role.

“The responsibilities of a guardian include parental duties that are subject to the will of the natural parents. The guardians’ presence at the hearing also allows the Court to determine independently whether the proposed guardians are capable of handling their duties,” Lizama said.

Inspite of these concerns, he added, he grants the petition because the proposed guardianship “appears to be in the best interests of the child.”