How to Establish the Legal Guardianship of a Minor in the State of Mississippi

Child custody laws help establish legal guardianship.

In the state of Mississippi, legal guardianship can be appointed to a third party in the event both parents are unable to fulfill their parental responsibilities. While legal guardianship may sound identical to adoption, it’s actually quite different. Unlike adoption, legal guardianship is often temporary and may include provisions. Consult professional legal advice before establishing a standby guardian or petitioning for legal guardianship of a child.

Instructions

Establishing a Standby Guardian (Legal Parents)

1. Obtain an application for guardianship from your local courthouse. This form is used to assign legal guardianship to a third party -- other than the parents -- in the event of death, illness, disability or deployment of both legal parents.

2. Fill out the application for guardianship. The forms must be completed by the legal parents in its entirety. If only one parent is assigned legal custody, the application for guardianship must be completed by that parent.

3. Make several copies of the application for guardianship. As the legal parent, retain one copy for your records. Send one copy to the person listed on the application as the requested standby guardian. Send one copy to your family attorney, if you have one.

4. Send the original application for guardianship to the county court clerk or justice of the peace. The application will be filed, in case it is needed to activate guardian authority.

Activating Guardian Authority (Legal Guardian)

1. Obtain a petition for guardianship from your local courthouse. This form is used to request legal guardianship of a minor in the event the parents are unable to fulfill their parental roles.

2. Fill out the petition for guardianship. Locate your copy of the application for guardianship.

3. Send the petition for guardianship, along with a copy of the application for guardianship, to the local county clerk or justice of the peace. Wait to be notified of the time and date of a custody hearing.

4. Attend the custody hearing to determine the guardianship of the child. Other interested parties may be summoned, such as a parent (if available), social service officer and the child. The family court judge will make a determination on the guardianship based on the testimony presented.

References

• Mississippi Bar: Grounds for Terminating Parental
• Mississippi Bar: Considering the Best Interest of
• Mississippi Code: General Duties and Powers of Guardians
• Mississippi Code: Appointment of Guardian by Court
• Mississippi Code: Parental Guardianship of Minor Children
• My Family Law: Guardianship vs. Adoption