How to Change a Legal Guardian

Guardianship arrangements are handled by family law divisions in civil court.

Laws regulating legal guardianship vary by state, so it is important for petitioners for guardianship to consult local rules. However, all states allow transfers or changes of guardianship, if such is in the best interests of the child(ren). Typically, only children, parents and legal guardians may petition for guardianship or for termination of guardianship. Guardianship arrangements normally provide for guardianship to terminate once a child reaches the age of 18.

Instructions

1. Determine where venue is proper. The jurisdiction will necessarily be state court, since family law is regulated by state, rather than federal, law, but venue will depend on where the matter has relevancy. Normally, venue is proper in the city or county in which you reside.

2. Draft a petition requesting that the court terminate existing guardianship arrangements and authorize new guardianship. In this petition, explain to the court how the best interests of the child(ren) will be served by the change of guardianship. Explain why a new guardian is the most suited and qualified for guardianship. Both of the child's parents or legal guardians must sign the petition.

3. File the petition in the clerk's office of the court in which venue has been determined proper. Attach any required forms, such as birth certificates or forms proving custody or guardianship. Courts may require additional information about the guardian to be appointed, such as a criminal background check, proof of income or evidence of passage of a home study completed by a social worker. Depending on the court, there may be a filing fee for the petition.

4. Attend a hearing on the petition, along with the child(ren), child(ren)'s parents or legal guardians. At the hearing, formally present your request to the judge. Once the judge grants the petition, an order will be issued to official terminate guardianship. Keep a copy of the order for your records.

References

• FindLaw: How to Establish Guardianship of a Child FAQs
• California Courts: Self-Help Center: Who Can Ask the Court to End a Guardianship?