Guardianships of Minor Children

In certain situations, a child’s biological parents may be temporarily unwilling or unable to properly care for their son or daughter. Some children suffer abuse or neglect at the hands of unfit birth parents. In other cases, such as those where the parent becomes deathly ill or is severely injured, the parent simply cannot adequately care or provide for the child anymore.

We handle the sensitive legalities related to custody transfers and parental rights disputes, including:

  • Termination of the rights of one or both parents
  • Establishing legal guardianship of a minor
  • Adoption (domestic)
  • Paternity disputes

To legally transfer care of a child to an adult, you must petition for temporary or full legal guardianship. If you are a concerned grandparent, aunt, uncle, adult sibling, or cousin, and the child in question is under the age of 18 in the State of Idaho, you may wish to consult a family law attorney who can help you explore all legal options.

At the law office of Derek Pica, we understand that you may want to do this discreetly. It is often difficult for concerned relatives to take legal steps against other adults in the family when the children are in danger of physical harm. We’ve also worked with many grandparents who wish to obtain custody when their grandchildren’s safety is in question. Even simple transitions, such as sending a child to live with an aunt who lives in close proximity to a good school, can be challenging.

We understand that any issue dealing with family is usually emotionally taxing. You’d rather not become confused and frustrated by legal jargon and forms, or worse, make a mistake that delays your petition or renders it null and void. That's why we take the time to explain the process to you in everyday language. Our founding attorney, Derek Pica, has more than twenty years of experience seeking legal solutions that are in a child’s best interests. If you wish to consult a lawyer who knows Idaho law, Derek Pica can help you explore all legal possibilities and make informed decisions about the child’s future.

Guardianships of Adults

There are also scenarios in which an adult may obtain legal guardianship over another adult who is unable to care for himself or herself. The legal guardian is granted permission to make medical and long-term care decisions on behalf of the incapacitated person. The Idaho courts may grant guardianship over the following individuals who are age 18 years and older:

  • People who are mentally incapacitated because of special needs, mental illness, developmental disabilities, severe injuries, or brain damage
  • Elderly people who have become incapacitated due to ALS (Lou Gehrig’s Disease), Parkinson's disease, Alzheimer's, or dementia
  • Individuals with substance addictions who can no longer care for themselves


For straight answers to your questions about parental rights or guardianship, please contact the law office of Derek A. Pica, PLLC for a free phone consultation.