What court hears a Mississippi guardianship of a minor petition?

The Chancery Court of the county where the child resides or is present when the case begins, or the county where a custody case involving the child is already pending. The petition is captioned Petition for Appointment of Guardian(s) of a Minor, under Miss. Code Ann. section 93-20-202. The Administrative Office of Courts publishes a fillable pro se version, but no rule makes it mandatory.

Does a Mississippi guardianship end a parent's parental rights?

No. This guardianship does not terminate a parent's parental rights and is not adoption. It ends automatically on the minor's death, adoption, emancipation, or reaching majority, or on a date set by the court. A parent or other party may petition to end it, and the court ends it when the standard for appointment is no longer met, unless ending it would be harmful to the minor and the minor's interest in continuing it outweighs a parent's interest.

Who must receive notice of a Mississippi guardianship petition?

Personal summons, at least 7 days before the hearing, on the minor if 14 or older, each parent who can be found with reasonable diligence, or the nearest adult relation if no parent can be found, and anyone who had primary care or custody of the minor for at least 60 days during the 6 months immediately before the petition was filed. The court can order notice to anyone else it deems appropriate.

Does a 14-year-old have to consent to a Mississippi guardianship?

No statute requires a minor's affirmative consent, but turning 14 matters in two ways: the minor must be personally served with the summons, and if no parent nominated a guardian, the court must appoint the minor's own nominee, unless doing so would go against the minor's best interest.

Is a background check or training required for a Mississippi guardian?

Mississippi does not order an independent court investigation, an agency background screen, or a mandatory training course for a guardian of a minor. A proposed guardian discloses, under oath, any bankruptcy, insolvency, or receivership history, and any conviction of a felony, a crime involving dishonesty, neglect, violence, or physical force, or another crime relevant to a guardian's functions. A guardian ad litem is appointed only in the narrow case where the petitioner cannot otherwise serve the minor with the summons.

Is a bond required for a Mississippi guardianship of a minor?

Not for guardianship of the minor's person: Article 2 of the GAP Act imposes no bond requirement at all. Bond applies only to a conservator of the minor's estate, a separate proceeding under Article 4, and even then it can be waived if a parent waived it in a qualifying signed instrument, the funds sit in an FDIC-insured restricted account, or the court finds it unnecessary, except for a paid professional conservator.

What if a Mississippi child is in danger right now?

Contact the state's child protective agency or local law enforcement, and consider the protective order process. A guardianship petition is not an emergency safety intervention by itself.

Is a Mississippi guardianship the right process for a custody dispute between parents?

No. A dispute between a child's own parents over custody or visitation is handled through a custody or parenting-time process, not through a guardianship petition.

Mississippi Guardianship of a Minor Petition

Mississippi calls the proceeding a Petition for Appointment of Guardian(s) of a Minor, hears it in Chancery Court, offers only a non-mandatory pro se AOC form, caps an emergency guardian at 60 days with one 60-day extension, relies on a proposed guardian's own sworn disclosure rather than a court-ordered background check, and imposes no bond at all for guardianship of a minor's person because the child's property goes through a separate conservatorship.

Find out where you stand in Mississippi

Where are you with the guardianship?

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Introduction

In Mississippi, a relative or other adult who wants to become a minor's guardian files a Petition for Appointment of Guardian(s) of a Minor under Miss. Code Ann. section 93-20-202, in the Chancery Court of the county where the child resides or is present when the case begins. The Administrative Office of Courts publishes a fillable pro se petition captioned under that section, but no rule makes it mandatory. For an urgent situation, a court may appoint an emergency guardian if appointment is likely to prevent substantial harm to the minor's health, safety, or welfare and no one else appears able and willing to act; an emergency guardian's authority may not exceed 60 days, extendable one time for up to 60 more days if the emergency conditions continue. The petitioner must have the minor, if 14 or older, each parent who can be found with reasonable diligence, and anyone who had primary care or custody of the minor for at least 60 days in the preceding 6 months personally summoned at least 7 days before the hearing. This guardianship petition itself does not terminate a parent's parental rights. Mississippi relies on the proposed guardian's own sworn disclosure of any bankruptcy or relevant convictions rather than a court-ordered background check, and imposes no bond for guardianship of the minor's person alone. If a child faces abuse or danger, contact the child protective agency or seek a protective order rather than relying on this petition. Attorney review is available before you file.

Key Things to Know

1
Mississippi guardianship of a minor is filed as a Petition for Appointment of Guardian(s) of a Minor, under Miss. Code Ann. section 93-20-202, in the Chancery Court of the county where the child resides or is present when the case begins, or the county where a custody case involving the child is already pending. The Administrative Office of Courts publishes a fillable pro se petition captioned under that section, but no rule makes it mandatory.
2
For an urgent situation, a court may appoint an emergency guardian if appointment is likely to prevent substantial harm to the minor's health, safety, or welfare and no one else appears able and willing to act. An emergency guardian's authority may not exceed 60 days, extendable one time for up to 60 more days if the court finds the emergency conditions continue; if appointed without prior notice, the court must hold a hearing within 5 days.
3
The petitioner must have the minor personally summoned if the minor is 14 or older, each parent who can be found with reasonable diligence, and anyone who had primary care or custody of the minor for at least 60 days during the 6 months before the petition was filed, at least 7 days before the hearing. The court can order notice to anyone else it deems appropriate.
4
The court appoints a guardian only on finding that appointment is in the minor's best interest and that each parent consented after being fully informed, the rights of every parent have been terminated, or clear and convincing evidence shows no parent is willing or able to act. This guardianship petition itself does not terminate a parent's parental rights, and a parent may later ask the court to end the guardianship.
5
A parent's guardian nomination in a will or other record generally controls, and if none exists, the court must appoint the minor's own nominee once the minor is 14 or older, unless either choice would go against the minor's best interest. No separate statutory consent from the child is required beyond this nomination and notice role.
6
Mississippi has no independent court investigator, court-ordered background check, or mandatory guardian-training course for guardianship of a minor. A proposed guardian instead discloses, under oath, any bankruptcy history and any felony or relevant conviction; a guardian ad litem is appointed only in the narrow case where the petitioner cannot otherwise serve the minor with the summons.
7
No bond is required to serve as guardian of a minor's person; that requirement applies only to a conservator of the minor's estate, a separate proceeding, and even then bond can be waived in specified circumstances. Mississippi's statutory delegation of parental authority to a willing adult outside court is in a code section carrying a July 1, 2026 repeal date, so confirm it is still in effect before relying on it instead of a guardianship.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Mississippi, 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 CHANCERY COURT OF [COUNTY] COUNTY, MISSISSIPPI

IN THE MATTER OF THE GUARDIANSHIP OF [CHILD'S FULL NAME], A MINOR

CAUSE NO. [CAUSE NUMBER]

PETITION FOR APPOINTMENT OF GUARDIAN(S) OF A MINOR UNDER MISS. CODE ANN. SECTION 93-20-202

TO THE HONORABLE CHANCELLOR:

[PETITIONER NAME], Petitioner, respectfully states as follows.

PETITIONER Petitioner resides at [PETITIONER ADDRESS] and is the minor's [RELATIONSHIP TO CHILD]. Petitioner requests appointment as guardian of the person of the minor named below.
THE MINOR [CHILD'S FULL NAME], born [DATE OF BIRTH], currently resides at [CHILD'S CURRENT ADDRESS] in [COUNTY] County, Mississippi.
PARENTS The minor's mother, [MOTHER'S FULL NAME], resides at [MOTHER'S ADDRESS OR LAST KNOWN WHEREABOUTS]. The minor's father, [FATHER'S FULL NAME], resides at [FATHER'S ADDRESS OR LAST KNOWN WHEREABOUTS]. [STATEMENT OF WHETHER EACH PARENT CONSENTS AFTER BEING FULLY INFORMED OF THE NATURE AND CONSEQUENCES OF GUARDIANSHIP, WHETHER THE RIGHTS OF EVERY PARENT HAVE BEEN TERMINATED, OR THE FACTS SHOWING NO PARENT IS WILLING OR ABLE TO EXERCISE THE POWERS REQUESTED].
WHY GUARDIANSHIP IS NEEDED Appointment of a guardian is in the minor's best interest because [FACTS SHOWING WHY THE PARENTS CANNOT CURRENTLY CARE FOR THE MINOR AND WHY GUARDIANSHIP IS NEEDED].
NOMINATION [STATEMENT OF ANY GUARDIAN NOMINATED BY A PARENT IN A WILL OR OTHER RECORD, OR BY THE MINOR IF 14 OR OLDER, OR STATEMENT THAT NO NOMINATION EXISTS].
PROPOSED GUARDIAN'S QUALIFICATIONS AND DISCLOSURE Petitioner is [AGE] years old and is able to provide for the minor's care because [FACTS SHOWING PETITIONER'S QUALIFICATIONS]. As required by Miss. Code Ann. section 93-20-117, Petitioner discloses: [WHETHER PETITIONER IS OR HAS BEEN A DEBTOR IN BANKRUPTCY, INSOLVENCY, OR RECEIVERSHIP, AND WHETHER PETITIONER HAS BEEN CONVICTED OF A FELONY, A CRIME INVOLVING DISHONESTY, NEGLECT, VIOLENCE, OR USE OF PHYSICAL FORCE, OR ANOTHER CRIME RELEVANT TO A GUARDIAN'S FUNCTIONS].
SCOPE OF GUARDIANSHIP AND BOND Petitioner requests appointment as guardian of the person only. Any management of the minor's estate requires a separate conservatorship proceeding under Miss. Code Ann. sections 93-20-401 through 93-20-431. No bond is requested because guardianship of the person alone carries no bond requirement under Article 2 of the GAP Act.
UCCJEA AFFIDAVIT AND PARENTS' COUNSEL The affidavit required by the Uniform Child Custody Jurisdiction and Enforcement Act, Miss. Code Ann. Title 93, Chapter 27, is attached. Attorney representing a parent: [NAME AND ADDRESS OF ANY ATTORNEY REPRESENTING A PARENT, OR NONE].
RELIEF REQUESTED Petitioner asks the court to appoint Petitioner guardian of the person of the minor named above and to grant such other relief as the court deems proper.

NOTICE OF RIGHTS

THE RELIEF SOUGHT HEREIN MAY AFFECT YOUR LEGAL RIGHTS. YOU HAVE A RIGHT TO NOTICE OF ANY HEARING ON THIS PETITION, TO ATTEND ANY SUCH HEARING, AND TO BE REPRESENTED BY AN ATTORNEY.

VERIFICATION

Personally appeared before me, the undersigned authority, [PETITIONER NAME], who, being first duly sworn, states that the facts alleged in the foregoing petition are true and correct to the best of Petitioner's knowledge, information, and belief.

[SIGNATURE OF PETITIONER] [ADDRESS] [CITY, MISSISSIPPI ZIP] [PHONE] [EMAIL]

Sworn to and subscribed before me this [DATE].

[NOTARY SIGNATURE AND SEAL]

Mississippi Requirements for Guardianship of a Minor Petition

Chancery Court Has Venue
A Mississippi guardianship of a minor petition is filed in the Chancery Court of the county where the child resides or is present when the case begins, or the county where a custody case involving the child is already pending (Miss. Code Ann. section 93-20-106(1)(a)).
Pro Se Petition Form Is Not Mandatory
The Administrative Office of Courts publishes a fillable pro se Petition for Appointment of Guardian(s) of a Minor, captioned under Miss. Code Ann. section 93-20-202, but no rule requires its use.
Three Statutory Bases for Appointment
The court may appoint a guardian only on finding appointment is in the minor's best interest and that each parent consented after being fully informed, or the rights of every parent have been terminated, or clear and convincing evidence shows no parent is willing or able to exercise the powers requested (Miss. Code Ann. section 93-20-201(2)).
7-Day Notice on Specified Persons
The petitioner must have summons personally served at least 7 days before the hearing on the minor if 14 or older, each parent who can be found with reasonable diligence, and anyone who had primary care or custody of the minor for at least 60 days during the 6 months before the petition was filed (Miss. Code Ann. section 93-20-203).
Emergency Guardian Capped at 60 Days, Extendable Once
An emergency guardian's authority may not exceed 60 days from appointment and may be extended one time for up to 60 more days if the court finds the emergency conditions continue; a guardian appointed without prior notice triggers a hearing within 5 days (Miss. Code Ann. section 93-20-207).
Parental or Minor's Own Nomination Generally Controls
The court must appoint a guardian nominated by a parent in a will or other record unless contrary to the minor's best interest, and if no parent nominated a guardian, must appoint the minor's own nominee once the minor is 14 or older, again unless contrary to best interest (Miss. Code Ann. section 93-20-206(2)).
Self-Disclosure Replaces a Court-Ordered Background Check
Before accepting appointment, a proposed guardian must disclose under oath any bankruptcy, insolvency, or receivership history, and any conviction of a felony, a crime involving dishonesty, neglect, violence, or physical force, or another crime relevant to a guardian's functions; Mississippi does not order an independent investigator's report for guardianship of a minor (Miss. Code Ann. section 93-20-117).
No Bond for Guardian of the Person
Article 2 of the GAP Act imposes no bond requirement for a guardian of a minor's person; bond applies only to a conservator appointed over the minor's estate under the separate Article 4 proceeding.
Estate Bond Is Waivable Except for a Paid Professional
A conservator's bond can be waived if a parent waived it in a qualifying signed instrument attested by two or more witnesses, the funds are held in an FDIC-insured restricted account, or the court finds it unnecessary to protect the minor's interests, but bond may never be waived for a paid professional conservator (Miss. Code Ann. section 93-20-416).

Find out where you stand in Mississippi

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Mississippi Requirements for Guardianship of a Minor Petition

Chancery Court Has Venue

Pro Se Petition Form Is Not Mandatory

Three Statutory Bases for Appointment

7-Day Notice on Specified Persons

Emergency Guardian Capped at 60 Days, Extendable Once

Parental or Minor's Own Nomination Generally Controls

Self-Disclosure Replaces a Court-Ordered Background Check

No Bond for Guardian of the Person

Estate Bond Is Waivable Except for a Paid Professional

Frequently Asked Questions