How to Become a State of New Jersey Guardian
New Jersey courts can appoint guardians for children whose parents have died suddenly, become incapacitated or been sent to jail. Most guardians are family members or close friends. Sometimes, individuals who never knew the parents but who care about the child's well-being are named legal guardians. Since 2004, the state's Kinship Guardian Act has made it easier to establish guardianship of minors. Attorneys who specialize in family law can offer sound legal advice when guardianship petitions are contested.
Other People Are Reading
Instructions
-
-
1
Find out if New Jersey's Division of Youth & Family Services (DYFS) has an open court case involving the child. If so, obtain permission from a DYFS caseworker to file for guardianship. If not, contact the Kinship Navigator Program to begin guardianship proceedings under the Kinship Guardian Act.
-
2
Ask a Kinship Navigator specialist how the proceedings will impact your life. Ask what state law requires guardians to provide for children.
-
-
3
Consider whether you are emotionally and financially equipped to care for the child until she turns 18. Assemble documents and witnesses to prove you have lived with the child for one year and know the child's parents.
-
4
Determine how to respond if the child's parents contest the application. Prepare to demonstrate that the parents are "seriously incapacitated." For example, prove the parents have been incarcerated for a long time, have abandoned the child, have drug or alcohol problems, or have a debilitating mental illness.
-
5
Comply with the Kinship Navigator's background investigation. Complete the profiles seeking information on your criminal background and convictions for domestic violence or child abuse.
-
6
Complete the Kinship Legal Guardianship Petition. Pay a fee for the Kinship Assessment if your income is more than federal poverty guidelines. Attach the assessment to the petition. File the petition with the New Jersey Superior Court Family Division in the county where you live.
-
7
Notify the parents or present custodians once the judge schedules a hearing. Appear at the hearing. Explain to the judge why you want to be the child's guardian. Prepare to either fight the parents' opposition or grant their request for visitation rights.
-
1
Tips & Warnings
Specialists at LSNJ Law suggest prospective guardians be ready to prove that the problems that caused social workers to remove the child from her parents still exist.
If DYFS had placed the child in a foster home, applicants must offer evidence that the placement did not improve the child's condition.
References
Resources
- Photo Credit Legal Law Justice image by Stacey Alexander from Fotolia.com
