Portland, OR family law attorney Matthew Muenzen talks about guardianship. Guardianship is established through the probate court when an individual who is not the child’s parent files a petition to be named the child’s legal guardian. The child, in this case, is considered a protected person under the statute. This process requires that the parents are given notice, and it may proceed with or without their consent. Typically, guardianship is granted with the parents’ consent; however, if the parents object, the matter will proceed to a contested hearing.