How to File a Petition for Guardianship
Filing a petition for guardianship of a child is a serious undertaking because a successful petition will result in the suspension of the parents' right to custody and control of their child and give these rights to a non-parent. Unfortunately though, this is the proper course of action in situations where their parents are unable to adequately provide the necessities of life for their child, typically because of drug and alcohol abuse, incarceration or domestic violence. Legal guardianships can only be established by a court order and many courts provide helpful information on how to file a petition for guardianship.
Other People Are Reading
Instructions
-
-
1
Contact the clerk of your local court and ask about obtaining the court forms needed to petition for a legal guardianship of a child. These cases are routinely handled in the probate court and all jurisdictions have developed forms for use by the public. The court may even have prepared a specialized packet with forms and instructions for guardianships. Also, the court's website may also have these forms for downloading.
-
2
Prepare the forms according to the instructions and file them with the court. You will definitely have to give a copy of the prepared forms to the child's parents and, depending on the laws of your state, to any grandparents and adult siblings as well. The clerk of court will schedule a hearing date when you file your petition and at that hearing the judge will decide whether to grant or deny your petition.
-
-
3
Prepare to meet with and have your home inspected by someone appointed by the court or the state to evaluate your fitness to act as guardian. If you are a relative of the child, the court usually has personnel who handle these evaluations. If you are not related to the child, state law will usually require the state agency responsible for social services conduct the evaluation. You will have to demonstrate how you can adequately provide for the child's day-to-day needs, health care and education.
-
4
Attend the court hearing on your petition with the child. The older the child is, the more likely the judge will be inclined to ask the child's opinion on the guardianship.
-
1
Tips & Warnings
In some states, you may qualify to receive a monthly stipend to be used to meet the child's needs if you are appointed guardian.
Even if you are appointed guardian, the parents will still be entitled to reasonable visitation rights, unless otherwise ordered by the court.
If you are already taking care of a child due to the parents' inability to do so, you should take the important step of establishing a formal guardianship. Without the guardianship in place, the parents can take custody and control of the child at anytime. Also, medical care personnel and school officials may refuse to recognize your authority over the child.
