How to Appoint Guardianship for a Child by Someone Who Is Not a Guardian
A guardian is someone who is legally responsible for another person. In most instances, a parent is a child's guardian. Some parents will appoint a guardian in the event of their death or if they are no longer able to care for their child. If a parent hasn't appointed a guardian, this may be done by the court. A person who is not currently the guardian may petition to be appointed guardian of the child.
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Instructions
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Fill out and file a Petition for the Appointment of a Guardian at the court in the district where the child lives or is currently present. If this is an emergency situation, describe it in the petition. A petition may be filed by anyone, including someone who is not currently the guardian.
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Prepare for a court hearing. A Notice of Hearing needs to be presented to the child, his or her parents (if they're living), legal representatives, the child's medical provider and the current guardian.
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File a Return of Service that states that all of the people who need to be notified of the petition have been notified. This needs to be filed before your hearing.
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Go through the interview process. The petitioner, the child, current guardian(s), and physicians will be interviewed by an attorney or "court visitor" who was appointed by the court. The court visitor will give a written report to the court.
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Attend the court hearing and wait for the decision. If the court finds that a guardian is necessary and that the petitioner is a good fit, an Order Appointing Guardian for Ward will be signed by the judge. The court will issue Letters of Guardianship, which will serve as proof of guardianship and will contain any restrictions.
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Tips & Warnings
The process may vary by state, so it may be helpful to contact an attorney before you begin the process.
Filing a petition does not guarantee that guardianship will be awarded.
References
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