Does a Florida guardianship of a minor end the parents' parental rights?

No. A guardianship appoints someone to care for the child or manage the child's property; it does not by itself terminate a parent's legal rights. Florida's chapter 744 sets no parent-specific standard for ending a minor guardianship; any interested person, including a parent, may seek removal of a guardian on grounds such as fraud, abuse of powers, or a conflict of interest.

Is there a mandatory statewide form for a Florida guardianship of a minor petition?

No. Florida does not have a statewide numbered form dedicated to a minor's guardianship petition. Florida Probate Rule 5.555(c) instead lists nine specific items the petition must state, such as venue facts, the minor's name and age, the parents' identities, and the proposed guardian's qualifications. Some circuits publish their own local petition packets covering those items, but the rule's content requirements control regardless of the form used.

Does Florida have an emergency or temporary guardianship process for a minor?

Florida's chapter 744 has an emergency temporary guardian process, but it is written for an alleged incapacitated person and follows a petition to determine incapacity, and Florida Probate Rule 5.555(b) does not require such a petition for a minor. Separately, the rule's drafters contemplated that a minor's guardian may be appointed without a hearing.

Who must receive notice of a Florida minor guardianship petition?

Formal notice must go to any parent who is not the petitioner or, if there is no parent, to the persons the minor lives with, and to anyone else the court directs. Florida does not generally require notice to other relatives or next of kin the way some adult guardianship proceedings do.

Does a 14-year-old's wishes control who is appointed guardian in Florida?

Not by themselves. Florida law requires the court to consider the preference of a minor who is 14 or older about who should be appointed guardian, but that preference is one factor the court weighs, not the minor's consent to the guardianship itself.

What background check and training does a Florida guardian of a minor need?

Any prospective guardian other than a corporate guardian must, at their own expense, submit to a Level 2 background screening and a credit history investigation; the court considers the results before appointing and may waive either. A nonprofessional guardian satisfies the criminal background screening with a state and national fingerprint-based criminal history check. Most appointed guardians must also complete a set number of hours of court-approved instruction within four months of appointment, though a parent serving only as guardian of the child's property has a shorter instruction requirement.

Does a Florida guardian of a minor need to post bond?

Only a guardian of the property does. A guardian of the person alone is not required to post bond. The property bond amount is tied to the cash and readily tradeable property under the guardian's control, and the court may waive it or allow a designated financial institution to hold the property instead if the petitioner shows compelling reasons.

Is there an alternative to a Florida guardianship for a relative already caring for a child?

Florida's chapter 751 extended family custody process lets a qualifying relative seek concurrent custody with the parents' written consent, or temporary custody if the relative is already the child's full-time caregiver. It is a separate, generally lighter circuit court proceeding from a chapter 744 guardianship, not an out-of-court arrangement.

Is a Florida guardianship of a minor permanent?

It lasts only as long as the court order does. It ends by operation of law when the minor turns 18 or is otherwise emancipated, or dies, and a guardian can also be removed earlier for reasons such as failing to perform their duties or a conflict of interest with the child.

Florida Guardianship of a Minor Petition

Florida files a Petition for Appointment of Guardian of a Minor in circuit court probate division, has no statewide numbered petition form, and generally requires neither an incapacity finding nor a hearing before a minor's guardian is appointed.

Find out where you stand in Florida

Where are you with the guardianship?

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Introduction

In Florida, a relative or other interested adult asks the circuit court, probate division, to appoint a guardian for a minor by filing a Petition for Appointment of Guardian of a Minor under Florida Statutes chapter 744 and Florida Probate Rule 5.555. Florida has no statewide numbered form dedicated to this petition; Rule 5.902 is written only for adult incapacity cases. Instead, Rule 5.555(c) lists nine specific items the petition must state, including the minor's name and age, the parents' identities, and the proposed guardian's qualifications. Unlike the adult track, Rule 5.555(b) does not require a petition to determine incapacity. If the need is urgent, ask the clerk or an attorney about how the court can act quickly, since Florida's emergency temporary guardian statute is written for incapacitated adults. Formal notice must still go to any parent who is not the petitioner or, if there is no parent, to whoever the minor lives with; a parent who gets notice may object. A court must consider the preference of a minor age 14 or older, but that is a factor the court weighs, not the minor's consent. This guardianship generally does not end a parent's parental rights, and it is not adoption. If a child is in immediate danger, contact Florida's child protective services agency or law enforcement rather than waiting on a guardianship petition. Attorney review is available before you file.

Key Things to Know

1
File a Petition for Appointment of Guardian of a Minor in the circuit court, probate division, of the county where the minor lives (Fla. Stat. section 26.012(2)(b); section 744.3021(1)). Florida has no statewide numbered form for this petition; Florida Probate Rule 5.555(c) instead lists the nine items the petition must state, and any local circuit packet you use must still cover them.
2
A guardianship generally does not end a parent's parental rights and is not adoption. Chapter 744 sets no parent-specific standard for ending a minor guardianship; any interested person, including a parent, may seek removal of a guardian on grounds such as fraud, abuse of powers, or a conflict of interest, but removing a guardian is not the same as ending the guardianship (Fla. Stat. section 744.474).
3
Florida's minor guardianship track does not require a petition to determine incapacity or, under the probate rules' own drafting notes, necessarily a hearing. Florida's emergency temporary guardian process under section 744.3031 is written to follow a petition to determine incapacity for an alleged incapacitated person (Fla. Prob. R. 5.555(b)).
4
Formal notice of the petition must go to any parent who is not the petitioner or, if there is no parent, to the persons the minor lives with, and to anyone else the court directs (Fla. Prob. R. 5.555(c)-(d)). There is no general requirement to notice other next of kin.
5
The court must consider the preference of a minor age 14 or older about who should be appointed guardian, but that preference is a factor for the court, not the minor's consent to the guardianship (Fla. Stat. section 744.312(3)(b)).
6
Every prospective guardian other than a corporate guardian must undergo a Level 2 background screening and a credit history investigation at their own expense, and most appointed guardians must complete a set number of hours of court-approved instruction within four months of appointment, with a shorter track for a parent who is guardian only of the child's property (Fla. Stat. sections 744.3135, 744.3145).
7
Bond is not required for a guardian of the person, but a guardian of the property must post a bond with surety before acting, in an amount tied to the cash and readily tradeable property under their control; the court may waive bond for compelling reasons (Fla. Stat. section 744.351).

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Florida, 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.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

IN THE CIRCUIT COURT OF THE [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT, IN AND FOR [COUNTY] COUNTY, FLORIDA PROBATE DIVISION

IN RE: GUARDIANSHIP OF [MINOR'S FULL NAME], a minor.

Case No. [CASE NUMBER] Division: [DIVISION]

PETITION FOR APPOINTMENT OF GUARDIAN OF A MINOR

Petitioner, [PETITIONER'S FULL NAME], states:

VENUE. Petitioner resides at [PETITIONER'S ADDRESS]. The minor resides at [MINOR'S ADDRESS], in [COUNTY] County, Florida, the proper venue for this petition.
THE MINOR. The minor, [MINOR'S FULL NAME], was born on [MINOR'S DATE OF BIRTH] and is currently [MINOR'S AGE] years old.
PARENTS. The minor's parents are [MOTHER'S FULL NAME] and [FATHER'S FULL NAME]. Their addresses and whereabouts are [PARENTS' ADDRESSES, OR LAST KNOWN ADDRESSES IF WHEREABOUTS ARE UNKNOWN]. Each parent's status, including whether the parent is living and consents to this petition: [STATUS AND CONSENT OF EACH PARENT]. Preneed guardian declared under Florida Statutes section 744.3046 by both parents jointly or by the surviving parent: [NAME OF DESIGNATED PRENEED GUARDIAN, OR NONE].
RELATIONSHIP AND HISTORY. Petitioner is the minor's [PETITIONER'S RELATIONSHIP TO THE MINOR]. Petitioner's history with the minor is as follows: [DESCRIPTION OF PETITIONER'S RELATIONSHIP AND INVOLVEMENT WITH THE MINOR].
REASONS FOR APPOINTMENT. A guardian is needed for this minor because: [FACTS SHOWING WHY A GUARDIAN IS NEEDED FOR THE MINOR'S PERSON, PROPERTY, OR BOTH].
ALTERNATIVES CONSIDERED. Petitioner has considered the alternatives to guardianship described in Florida Statutes section 744.334, including [DESCRIPTION OF ALTERNATIVES CONSIDERED, SUCH AS A MEDICAL-CONSENT DESIGNATION OR POWER OF ATTORNEY UNDER SECTION 743.0645 OR A CHAPTER 751 EXTENDED FAMILY CUSTODY ARRANGEMENT, AND WHY THEY ARE NOT SUFFICIENT].
PROPOSED GUARDIAN. Petitioner requests appointment as guardian of the [PERSON, THE PROPERTY, OR BOTH THE PERSON AND THE PROPERTY] of the minor. Petitioner's qualifications to serve are: [PETITIONER'S AGE, RESIDENCE, OCCUPATION, AND FITNESS TO SERVE].
PROPERTY. The nature and estimated value of the minor's property is: [DESCRIPTION AND ESTIMATED VALUE OF THE MINOR'S PROPERTY, OR NONE].
BOND. As to any guardianship of the property, Petitioner [WILL POST A BOND WITH SURETY IN AN AMOUNT THE COURT SETS, OR REQUESTS WAIVER OF BOND FOR THESE COMPELLING REASONS: REASONS].
RELIEF REQUESTED. Petitioner requests that the court appoint Petitioner as guardian of the minor, of the [PERSON, THE PROPERTY, OR BOTH], and grant such other relief as the court deems proper.

VERIFICATION

Petitioner verifies this petition: I have read the foregoing Petition for Appointment of Guardian of a Minor, and the facts stated in it are true.

[PETITIONER'S SIGNATURE] [PETITIONER'S PRINTED NAME] Date: [DATE]

Florida Requirements for Guardianship of a Minor Petition

Circuit Court Probate Division Has Jurisdiction
A petition for guardianship of a minor is filed in the circuit court, probate division, of the county where the minor resides (Fla. Stat. section 26.012(2)(b); section 744.3021(1)).
No Statewide Numbered Petition Form
Florida has no statewide numbered form dedicated to a minor's guardianship petition; Florida Probate Rule 5.902 covers only adult incapacity proceedings. Florida Probate Rule 5.555(c) instead lists nine required content items the petition must state.
No Incapacity Petition or Hearing Required
Florida Probate Rule 5.555(b) does not require a petition to determine incapacity for a minor guardianship, and the rule contemplates that appointment may occur without a hearing, unlike the adult incapacity track.
Formal Notice to Non-Petitioning Parent or Custodian
Formal notice of the petition must be served on any parent who is not a petitioner or, if there is no parent, on the persons with whom the minor resides, and on such other persons as the court may direct (Fla. Prob. R. 5.555(c)-(d)).
Age-14 Preference Considered, Not Required as Consent
The court must consider the preference of a minor who is age 14 or over as to who should be appointed guardian, but this is a factor the court weighs, not the minor's consent to the guardianship (Fla. Stat. section 744.312(3)(b)).
Preneed Guardian Nomination Creates a Presumption
A surviving parent, or both parents jointly, may nominate a preneed guardian for a minor child by written declaration filed under Florida Statutes section 744.3046, which creates a rebuttable presumption that the named person is entitled to serve as guardian.
Mandatory Background Screening and Education
Every prospective guardian other than a corporate guardian must undergo a Level 2 background screening and credit history investigation at their own expense, and most appointed guardians must complete a set number of hours of court-approved instruction within four months of appointment, with a shorter track for a parent-guardian of property (Fla. Stat. sections 744.3135, 744.3145).
Bond Required Only for Guardian of the Property
No bond is required for a guardian of the person alone. A guardian of the property must file a bond with surety before exercising authority, in a penal sum tied to the cash and readily tradeable property under the guardian's control, waivable by the court for compelling reasons (Fla. Stat. section 744.351).
Chapter 751 Extended Family Custody as a Lighter Alternative
Florida Statutes chapter 751 lets a qualifying extended family member seek concurrent custody with the parents' written consent, or temporary custody as an already-caregiving relative, as a separate circuit court proceeding from a chapter 744 guardianship.

Find out where you stand in Florida

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Florida Requirements for Guardianship of a Minor Petition

Circuit Court Probate Division Has Jurisdiction

No Statewide Numbered Petition Form

No Incapacity Petition or Hearing Required

Formal Notice to Non-Petitioning Parent or Custodian

Age-14 Preference Considered, Not Required as Consent

Preneed Guardian Nomination Creates a Presumption

Mandatory Background Screening and Education

Bond Required Only for Guardian of the Property

Chapter 751 Extended Family Custody as a Lighter Alternative

Frequently Asked Questions