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Connecticut Guardianship of a Minor Petition

Connecticut hears a guardianship of a minor petition in the Probate Court for the district where the child lives, uses circumstance-specific Probate Court Administrator forms such as PC-508 and PC-509 instead of one universal petition, and lets a sole parent or guardian add a coguardian who can take over on a stated future contingency.

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Introduction

In Connecticut, a relative or other adult who wants to care for a child petitions the Probate Court for the district where the child resides, is domiciled, or is located, to appoint a guardian of the person of the minor under Conn. Gen. Stat. § 45a-616. When the minor has no parent or guardian at all, the case is filed on Probate Court Administrator form PC-508; the court's form controls. If the child already has a sole parent or guardian, that parent may instead petition on form PC-509 to add a coguardian, a second guardian who can be structured to take effect on a stated future contingency such as the parent's incapacity or death. A parent or existing guardian, not a third party, can ask for a temporary guardian on form PC-504; it lasts no longer than one year from the court's decree and serves alongside the parent, not in place of them. The court orders notice by first-class mail, sent at least 10 days beforehand, to the minor if age 12 or older, the petitioner, and other parties in interest. The court must request a Department of Children and Families investigation when abuse or neglect is alleged or suspected, and may appoint an attorney or guardian ad litem for the child. A bond is not automatic for a guardian of the person but may be required for a guardian of the estate. This proceeding does not terminate a parent's parental rights and is not adoption. If the child is in immediate danger, contact the Department of Children and Families and consider a protective order rather than relying on this petition. Attorney review is available before you file.

Key Things to Know

  1. 1

    Connecticut hears a guardianship of a minor petition in the Probate Court (Court of Probate) for the district where the child resides, is domiciled, or is located; a contested case may be transferred to the Superior Court or a Regional Children's Probate Court. When the minor has no parent or guardian, the case is filed on Probate Court Administrator form PC-508. When a sole parent or guardian instead wants to add a second guardian, the form is PC-509. The court's form controls.

  2. 2

    A parent or an existing court-appointed guardian, not a third party, may ask the Probate Court to appoint a temporary guardian on form PC-504. A temporary guardianship lasts no longer than one year from the date of the court's decree, and the temporary guardian serves alongside the parent rather than replacing them; the appointing parent can end it earlier at any time by written notice to the court and the temporary guardian.

  3. 3

    The court orders notice of the hearing by first-class mail, sent not less than 10 days before the hearing, to the minor if age 12 or older, the petitioner, and all other parties in interest known to the court. For a guardian of the minor's estate, notice instead goes to the parents or guardian of the person, the minor if 12 or older, and anyone else the court determines.

  4. 4

    Age 12 matters in three separate ways and they are easy to mix up: it triggers the minor's own right to notice of the hearing, it is the age at which the court must weigh the minor's stated wishes when choosing a guardian, and, unlike an ordinary guardianship, it is the age at which a minor's own consent becomes legally required, but only for a permanent guardian appointed after a parent has been removed.

  5. 5

    A parent's consent to removal as guardian is itself one of the grounds the Probate Court can rely on to remove that parent. Without consent, removal instead requires clear and convincing evidence of abandonment, denial of necessary care, physical injury or maltreatment, or neglect as Connecticut law defines it. This proceeding does not terminate a parent's parental rights, and a parent later removed as guardian may ask the court for reinstatement if the reasons for removal have been resolved, although that right does not extend to a permanent guardianship ordered after removal.

  6. 6

    The Probate Court must request an investigation and report from the Department of Children and Families whenever abuse or neglect is alleged or reasonably suspected, and otherwise generally requests one unless that requirement is waived for cause shown. The court must appoint an attorney for the child if abuse or neglect is alleged or suspected, may appoint one in other cases, and may separately appoint a guardian ad litem.

  7. 7

    A bond is not automatic for a guardian of the person, only ordered if the court decides the child's protection requires it. For a guardian of the minor's estate, the court may require a probate bond and the appointment is not effective until it is filed, though a probate judge may waive the bond if the estate's assets are under $20,000, or if the portion not restricted by court order is under $10,000.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Connecticut, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

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Connecticut Requirements for Guardianship of a Minor Petition

  • Probate Court Has Venue Where the Child Is Found

    A guardianship of a minor petition is filed in the Probate Court for the district where the child resides, is domiciled, or is located when the petition is filed; a contested case may be transferred to the Superior Court or a Regional Children's Probate Court (Conn. Gen. Stat. § 45a-616(a)).

  • Circumstance-Specific Petition Forms, Not One Universal Form

    Connecticut uses different Probate Court Administrator forms depending on the circumstances: PC-508 when the minor has no parent or guardian, PC-509 to add a coguardian, and PC-504 for a temporary guardian. The court's form controls.

  • Temporary Guardianship Capped at One Year

    A temporary guardian appointed on the application of a parent or existing guardian may serve no longer than one year from the date of the court's decree, and serves alongside the parent rather than replacing them (Conn. Gen. Stat. § 45a-622(a)).

  • Notice by First-Class Mail At Least 10 Days Before the Hearing

    The court orders notice of the hearing by first-class mail, sent not less than 10 days before the hearing, to the minor if age 12 or older, the petitioner, and other parties in interest known to the court (Conn. Gen. Stat. § 45a-616(c)).

  • Age 12 Governs Notice, Preference, and Consent Differently

    A minor age 12 or older must receive notice of the hearing by first-class mail and has their wishes weighed by the court in choosing a guardian; the minor's own consent is required only for a permanent guardian appointed after a parent's removal (Conn. Gen. Stat. §§ 45a-616(c), 45a-617(a)(2), 45a-616a(a)(3)).

  • DCF Investigation Mandatory When Abuse or Neglect Is Suspected

    The Probate Court must request an investigation and report from the Department of Children and Families in any proceeding where abuse or neglect is alleged or reasonably suspected, and otherwise generally requests one unless waived for cause shown (Conn. Gen. Stat. § 45a-619).

  • Bond Not Automatic for a Guardian of the Person

    A bond for a guardian of the person is ordered only if the court deems it necessary for the child's protection. A guardian of the estate's bond may be waived if the estate's assets are under $20,000, or if the portion not restricted by court order is under $10,000 (Conn. Gen. Stat. § 45a-139(b)-(c); § 45a-616(a)).

  • Standby Guardian Designation Is a Court-Free Alternative

    A parent or guardian can designate a standby guardian to take over on a specified contingency by a signed, witnessed statutory form, without filing it with the Probate Court. It lasts one year or until the contingency no longer exists, whichever is sooner; if the contingency is the principal's death, it lasts 90 days after the death (Conn. Gen. Stat. §§ 45a-624 to 45a-624g).

  • Coguardian Addition Can Take Effect Without a Second Hearing

    A sole parent or guardian may petition to add a coguardian who shares full authority and can be structured to take effect automatically on a stated future contingency, verified by the coguardian's written affidavit (Conn. Gen. Stat. § 45a-616(b)).

Frequently Asked Questions