Guardianship of a Minor Petition
Ask a court to appoint you as guardian of a child whose parents cannot care for them, with a petition that covers the child, the parents, the reasons and the scope you are requesting.
Find out where you stand — what state are you in?
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Introduction
A guardianship of a minor is a court order that appoints an adult, often a grandparent, aunt, uncle, older sibling or family friend, to care for a child when the parents cannot. Many petitioners are already raising the child and need legal authority because a school, doctor or insurer is asking for it. The petition tells the court who you are and how you are related to the child, where the parents are and whether they consent, why a guardian is needed, and whether you are asking for authority over the child's person, the child's estate, or both. Parents are usually entitled to notice, and their consent or objection shapes how the case moves forward. The judge decides based on the child's best interest, so filing does not guarantee an appointment. A guardianship generally does not terminate parental rights and is not an adoption; a parent can later ask the court to end it. Many states publish an official petition form, and where one exists, the court's form controls. Use the state table below to find your state's court, form, notice rules and any temporary or emergency option.
Key Things to Know
- 1
A guardianship is a court order. The petition is filed with the court that handles guardianships of minors where the child lives, and many states publish an official petition form that must be used in place of any other version.
- 2
A guardianship generally does not terminate parental rights and is not an adoption. The parents remain the child's legal parents, and a parent may later ask the court to end the guardianship under the state's standard.
- 3
Parents are usually entitled to notice of the petition and the hearing. A signed parental consent can make the case simpler, while an objection can lead to a contested hearing where the court weighs the evidence.
- 4
The court decides by the child's best interest. Nothing is guaranteed, and the judge may appoint someone else, limit the guardian's authority, or deny the petition.
- 5
Many states offer a temporary or emergency guardianship for urgent situations, such as a parent's sudden hospitalization or absence. It usually lasts only a limited time and often requires a separate request.
- 6
Courts may order background checks, a home study or an investigation of the proposed guardian, and may appoint an attorney or guardian ad litem for the child. A guardian of the estate may need to post a bond unless the court waives it.
- 7
Lighter tools exist outside court, such as a delegation of parental authority or a standby arrangement signed by a parent, and may be enough when the parents agree and the need is short. If a child is being abused or is in danger, contact the child protective agency or law enforcement; custody disputes between parents belong in a custody case, not a guardianship.
Minor guardianship court, forms and temporary orders by state
Which court hears a minor guardianship, whether your state publishes an official petition form, and the limit on a temporary or emergency guardianship. Open your state's page before you file.
| State | Court | Official petition form | Temporary guardianship |
|---|---|---|---|
| Alabama | Probate court | None statewide | Up to 6 months |
| Alaska | Superior Court | PG-600 series | Up to 6 months |
| Arizona | Superior Court | County packets (e.g. Maricopa JG12f) | 6 months, extendable |
| Arkansas | Circuit court, probate division | Form 24 (generic) | See the state page |
| California | Superior Court (probate) | GC-210 (mandatory) | Up to 30 days, or as the court sets |
| Colorado | See the state page | JDF 824 | See the state page |
| Connecticut | Probate Court | PC-508 and related | Up to 12 months |
| Delaware | Family Court | Form 126 | See the state page |
| Florida | Circuit court, probate division | None statewide | See the state page |
| Georgia | See the state page | GPCSF 28 and GPCSF 29 | See the state page |
| Hawaii | Family Court | Circuit packets (optional) | Up to 12 months |
| Idaho | District Court, magistrate division | Statewide minor guardianship forms | 6 months, one extension |
| Illinois | Circuit court | Form 1601.1 | See the state page |
| Indiana | Circuit or superior court (probate) | CCA-GU-1120-4002 and related | 90 days, plus up to 90 more |
| Iowa | District Court, juvenile division | None statewide | 30 days (emergency), extendable |
| Kansas | District court | See the state page | 30 days, extendable |
| Kentucky | District Court | AOC-852 | See the state page |
| Louisiana | District court (tutorship) | See the state page | Provisional tutor until ended or a tutor qualifies |
| Maine | Probate Court or District Court | GS-001 | Emergency: up to 90 days |
| Maryland | Circuit Court or Orphans' Court | CC-GN-001 | See the state page |
| Massachusetts | Probate and Family Court | MPC 140 | Up to 90 days, extendable |
| Michigan | Probate Court | PC 651 | Up to 6 months |
| Minnesota | District Court | GAC1302 | Up to 6 months |
| Mississippi | See the state page | Pro se petition (no form number) | See the state page |
| Missouri | Circuit court, probate division | None statewide | See the state page |
| Montana | District Court | GM-110 (optional) | Up to 6 months |
| Nebraska | County Court | CC 16:2 series | Up to 6 months |
| Nevada | District Court, family division | Statewide petition (2025) | See the state page |
| New Hampshire | Circuit Court (probate) | NHJB-2162-FPe (e-filing) | Ex parte order: 30 days |
| New Jersey | Surrogate's Court (uncontested) | See the state page | See the state page |
| New Mexico | See the state page | 4A-501 (kinship) | See the state page |
| New York | Surrogate's Court or Family Court | G-2A and companion forms | See the state page |
| North Carolina | Clerk of Superior Court | AOC-E-208 | See the state page |
| North Dakota | Juvenile court | JCG WCP 1 and related | See the state page |
| Ohio | Probate Court | Form 16.0 | See the state page |
| Oklahoma | District Court | See the state page | See the state page |
| Oregon | Circuit court, probate | None statewide | 30 days, plus up to 30 more |
| Pennsylvania | Orphans' Court Division | See the state page | See the state page |
| Rhode Island | Probate Court | PC-2.2 | See the state page |
| South Carolina | Family Court (person), Probate Court (estate) | See the state page | See the state page |
| South Dakota | Circuit Court | See the state page | Up to 6 months |
| Tennessee | See the state page | None statewide | See the state page |
| Texas | Probate court (statutory probate court where one exists) | None statewide | Up to 60 days |
| Utah | District Court | 1300GU | Up to 6 months |
| Vermont | Superior Court, Probate Division | 700-00070C | See the state page |
| Virginia | Circuit Court | CC-1653 (information form) | See the state page |
| District of Columbia | Superior Court | Probate Division GDN forms | See the state page |
| Washington | Superior Court | GDN M 102 (optional) | 60 days, plus up to 60 more |
| West Virginia | Circuit court or family court | IG-FORM01 | 6 months, extendable |
| Wisconsin | Juvenile court (person), probate (estate) | JN-1501 (mandatory) | Up to 180 days, extendable once |
| Wyoming | District Court | Packet 14 forms | 1 year, absent good cause |
Key Decisions
The Child and the Parents
- Most Common Option
- Most Common Option
The Kind of Guardianship
- Most Common Option
- Most Common Option
You as the Proposed Guardian
- Most Common Option
- Most Common Option
Guardianship of a Minor Petition Requirements
File in the Court That Handles Minor Guardianships
Each state assigns minor guardianships to a particular court, such as a probate, family or surrogate's court. File in the court and county your state's law designates.
Use Your State's Official Petition Form Where One Exists
Many states publish official or mandatory guardianship petition forms. Where one exists, the court's form controls and should be used.
Identify the Child and Both Parents
Give the child's full name, date of birth and residence, and each parent's name, address or last known whereabouts.
Explain Why a Guardian Is Needed
State the facts showing why the child needs a guardian and why the appointment is in the child's best interest.
Give Notice to the Parents and Others the Law Requires
Parents, and often the child and certain relatives, must receive notice of the petition and hearing in the manner and time your state requires. Keep proof of service.
State Whether You Seek Guardianship of the Person, the Estate or Both
Guardianship of the person covers the child's care and decisions. Guardianship of the estate covers the child's money or property and may require a bond.
Expect Background Checks or an Investigation
Courts commonly order background checks, a home visit or an investigation before appointing a guardian. Answer any screening forms completely.
Ask About Temporary Guardianship if the Need Is Urgent
If the child needs someone with legal authority right away, many states allow a temporary or emergency guardianship for a limited period while the full petition is heard.
Know That Guardianship Does Not End Parental Rights
A guardianship generally does not terminate parental rights and is not an adoption. A parent may later ask the court to end it under your state's standard.