How to File for Guardianship of a minor child

By capeside

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How to file for Guardainship of a Minor child.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

  • Names and dates of birth of the parents and minor child.

Step1
You will need to locate the Probate and family Court in your County. The minor child's needs to have live in that county 6 months for jurisdiction.
Step2
Go to the Probate and Family Court and pick up the needed paperwork to file for guardianship. Most courts will mail you this paperwork in the mail. You will need to complete this paperwork and return it to the court. Yiou will need to provide them with your name and DOB, along with those of the minor child, their parents and any parties living in your home.
Step3
Once you file your paperwork with the court they will give you a court date and you will have to give notice to the biological parents or current guardians by mail regarding this date.
Step4
When you arrive at the court the date of the hearing the court will ask what relation you are to the child. The will call the local Child Services to see if there have been any cases of abuse on the child and by whom. They will also check out the person apllying to be the guardian to make sure they are safe. The will also run a criminal record check on all parties. Once this backgroung check is done you will head into court and the Judge will determine if you can become the child's guardian. By law a parent has to be proven unfit to remove their children if the contest.

Tips & Warnings

  • You may want to consult with an attorney.
  • Every state/ court handles these differently

Resources

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eHow Article:  How to File for Guardianship of a minor child

eHow Member: capeside

capeside

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Category: Legal

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