How to Obtain Guardianship of a Friend's Children

To obtain guardianship over a friend's children, you will need the approval of the children's parents and the court system where the minors reside. Since each state establishes its own laws and procedures regarding guardianship and custody of minor children, you will need to research your state's rules prior to formally seeking a guardianship. The Clerk of the Court, legal aid office or a private attorney can explain any special requirements for your jurisdiction.

Instructions

1. Prepare a detailed guardianship agreement. Prior to taking custody of the children, draft a guardianship agreement that lists your name, plus the full names of the children and your friend. Also include each party's date of birth, current address and the reason you are seeking guardianship over your friend's children.

2. Obtain written consent from your friend and the child's other parent. Your friend should prepare a separate document expressly permitting you to obtain guardianship of her children. If she knows the identity of the child's other parent, he will need to execute the consent as well.

3. Execute the consent. After your friend has prepared her consent, both she and the child's other parent should sign and date it in the presence of a notary public. If the child is of an age sufficient to understand the implications of guardianship, he may also need to consent to the arrangement.

4. File the paperwork with the court. You will need to submit the petition, consent and any supporting documentation you want to include, such as birth certificates and medical notes indicating that your friend cannot care for her children.

5. Work with court to finalize the arrangement. After filing the paperwork with the court, the clerk will set a hearing date. All parties to the case must attend the hearing and discuss whether the proposed guardianship arrangement is in the best interest of the children. If the court approves the arrangement, you will receive an order signed by the judge giving you legal custody of your friend's children.

Tips & Warnings

• As a non-relative, it is nearly impossible to obtain guardianship of children without the parents' consent unless the children have been involuntarily removed from your friend's care and there are no biological relatives who are able or willing to care for them. If you cannot get written parental consent, you will need to prove to the court that you have a significant bond with the children and that obtaining guardianship would be in their best interest. To make your case, you may need to call in expert witnesses, such as the children's psychologist and case worker.

References

• Find Law: Establishing and Maintaining a Guardianship
• Missouri Department of Social Services: Procedures for Pursuing Guardiansip