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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. 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. 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. 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. 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. 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. 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. 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.

StateCourtOfficial petition formTemporary guardianship
AlabamaProbate courtNone statewideUp to 6 months
AlaskaSuperior CourtPG-600 seriesUp to 6 months
ArizonaSuperior CourtCounty packets (e.g. Maricopa JG12f)6 months, extendable
ArkansasCircuit court, probate divisionForm 24 (generic)See the state page
CaliforniaSuperior Court (probate)GC-210 (mandatory)Up to 30 days, or as the court sets
ColoradoSee the state pageJDF 824See the state page
ConnecticutProbate CourtPC-508 and relatedUp to 12 months
DelawareFamily CourtForm 126See the state page
FloridaCircuit court, probate divisionNone statewideSee the state page
GeorgiaSee the state pageGPCSF 28 and GPCSF 29See the state page
HawaiiFamily CourtCircuit packets (optional)Up to 12 months
IdahoDistrict Court, magistrate divisionStatewide minor guardianship forms6 months, one extension
IllinoisCircuit courtForm 1601.1See the state page
IndianaCircuit or superior court (probate)CCA-GU-1120-4002 and related90 days, plus up to 90 more
IowaDistrict Court, juvenile divisionNone statewide30 days (emergency), extendable
KansasDistrict courtSee the state page30 days, extendable
KentuckyDistrict CourtAOC-852See the state page
LouisianaDistrict court (tutorship)See the state pageProvisional tutor until ended or a tutor qualifies
MaineProbate Court or District CourtGS-001Emergency: up to 90 days
MarylandCircuit Court or Orphans' CourtCC-GN-001See the state page
MassachusettsProbate and Family CourtMPC 140Up to 90 days, extendable
MichiganProbate CourtPC 651Up to 6 months
MinnesotaDistrict CourtGAC1302Up to 6 months
MississippiSee the state pagePro se petition (no form number)See the state page
MissouriCircuit court, probate divisionNone statewideSee the state page
MontanaDistrict CourtGM-110 (optional)Up to 6 months
NebraskaCounty CourtCC 16:2 seriesUp to 6 months
NevadaDistrict Court, family divisionStatewide petition (2025)See the state page
New HampshireCircuit Court (probate)NHJB-2162-FPe (e-filing)Ex parte order: 30 days
New JerseySurrogate's Court (uncontested)See the state pageSee the state page
New MexicoSee the state page4A-501 (kinship)See the state page
New YorkSurrogate's Court or Family CourtG-2A and companion formsSee the state page
North CarolinaClerk of Superior CourtAOC-E-208See the state page
North DakotaJuvenile courtJCG WCP 1 and relatedSee the state page
OhioProbate CourtForm 16.0See the state page
OklahomaDistrict CourtSee the state pageSee the state page
OregonCircuit court, probateNone statewide30 days, plus up to 30 more
PennsylvaniaOrphans' Court DivisionSee the state pageSee the state page
Rhode IslandProbate CourtPC-2.2See the state page
South CarolinaFamily Court (person), Probate Court (estate)See the state pageSee the state page
South DakotaCircuit CourtSee the state pageUp to 6 months
TennesseeSee the state pageNone statewideSee the state page
TexasProbate court (statutory probate court where one exists)None statewideUp to 60 days
UtahDistrict Court1300GUUp to 6 months
VermontSuperior Court, Probate Division700-00070CSee the state page
VirginiaCircuit CourtCC-1653 (information form)See the state page
District of ColumbiaSuperior CourtProbate Division GDN formsSee the state page
WashingtonSuperior CourtGDN M 102 (optional)60 days, plus up to 60 more
West VirginiaCircuit court or family courtIG-FORM016 months, extendable
WisconsinJuvenile court (person), probate (estate)JN-1501 (mandatory)Up to 180 days, extendable once
WyomingDistrict CourtPacket 14 forms1 year, absent good cause

Key Decisions

The Child and the Parents

The Kind of Guardianship

You as the Proposed Guardian

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.

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Frequently Asked Questions

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