How long can a temporary guardianship last in Nebraska?

A Nebraska temporary guardian's authority may not last longer than six months. In a true emergency, the court may appoint a temporary guardian without notice, pending later notice and a hearing. A national criminal history background check is not required for an emergency temporary guardianship appointment.

Is there an official statewide petition form for a Nebraska guardianship of a minor?

No. The Nebraska Judicial Branch does not publish instructions or a form for starting a guardianship, so the petitioner drafts the petition itself. Once a guardian is appointed, mandatory statewide forms come into play, including the Order Appointing Guardian for a Minor, a general information form, an address information form, and an acceptance of appointment, and those forms control.

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

Nebraska gives a minor 14 or older the right to nominate their own guardian, and the court must appoint the nominee unless the court finds the appointment contrary to the minor's best interests. A minor 14 or older is also entitled to notice of the hearing and may later petition for removal of the guardian.

What background check or training does a Nebraska guardian of a minor need?

The mandatory Order Appointing Guardian for a Minor form states that the guardian shall complete training within 90 days, and that training may be waived for good cause shown. Ask the county court whether a background check is required in your case.

Is a bond required for a guardian of a minor in Nebraska?

Not automatically. The court may require a guardian of a minor to furnish a bond, using the same amount and conditions formula written for conservators, but bond is commonly not required when the minor's assets are worth less than $10,000 or for other good cause shown.

Does a Nebraska guardianship of a minor last until age 18?

Not necessarily. Nebraska's age of majority is 19, not 18, so a guardianship generally continues until the ward turns 19 unless it ends earlier on the guardian's death, resignation, or removal, or on the ward's death, adoption, or marriage.

Do I need a lawyer to file a Nebraska guardianship of a minor petition?

No statewide form exists to guide the petition, the court's order form includes a guardian training requirement, and the court decides based on the child's best interest rather than guaranteeing appointment. Given these steps, attorney review is available before you file.

What if a child is in danger right now in Nebraska?

If a child faces abuse, neglect, or immediate danger, contact Nebraska's child protective services agency or local law enforcement, and consider the protective order process. A guardianship petition by itself is not an emergency safety intervention.

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

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

Nebraska Guardianship of a Minor Petition

Q: Does a Nebraska guardianship of a minor end the parents' parental rights?

No. A Nebraska guardianship suspends a parent's custodial authority while it lasts; it does not terminate parental rights and is not adoption. A court may appoint a guardian if all parental rights of custody, by prior or current circumstances or prior court order, have been terminated or suspended, or through the statute's nomination and standby-guardian routes, and a parent may later petition to end the guardianship.

Q: Who must receive notice of a Nebraska guardianship of a minor petition?

Notice must go to the minor if 14 years of age or older, to the person who has had the minor's principal care and custody during the 60 days before the petition, and to any living parent of the minor, at least 14 days before the hearing.

Nebraska hears this Petition for Appointment of Guardian of Minor in county court under the Probate Code, publishes no statewide petition form, caps a temporary guardian's authority at six months, requires notice to any living parent and to a minor age 14 or older, and treats 19 as the age of majority.

Find out where you stand in Nebraska

Where are you with the guardianship?

DocDraft provides document preparation, not legal advice.

Introduction

In Nebraska, a relative or other adult who wants to become a minor's guardian files a Petition for Appointment of Guardian of Minor in the county court, the venue the Nebraska Probate Code sets for guardianship proceedings (Neb. Rev. Stat. sections 30-2601 to 30-2661). The Nebraska Judicial Branch does not publish a statewide petition form, so the petitioner drafts the petition itself; the mandatory forms that do exist, including the Order Appointing Guardian for a Minor, apply once a guardian is appointed, and those forms control. If necessary, the court may appoint a temporary guardian whose authority may not last longer than six months, and in a true emergency the court may appoint a temporary guardian without notice, pending notice and hearing. Notice of the hearing goes to the minor if 14 or older, to the person who has had the minor's principal care and custody during the 60 days before the petition, and to any living parent, at least 14 days before the hearing; a minor 14 or older may nominate their own guardian. A guardianship does not terminate parental rights, and the court may appoint a guardian if all parental rights of custody, by prior or current circumstances or prior court order, have been terminated or suspended, or through the statute's nomination and standby-guardian routes. The court may require a bond. A parent can instead delegate care through a power of attorney for up to six months, without a guardianship case. The court decides on the child's best interest; attorney review is available before you file.

Key Things to Know

1
Nebraska calls this a Petition for Appointment of Guardian of Minor, filed in county court under the Probate Code (Neb. Rev. Stat. sections 30-2601 to 30-2661). The Nebraska Judicial Branch does not publish a statewide petition form; the petitioner drafts the petition, while the mandatory Order Appointing Guardian for a Minor and related information and acceptance forms apply once a guardian is appointed.
2
A guardianship does not terminate parental rights. The father and mother remain the minor's natural guardians, and a court may appoint a guardian if all parental rights of custody, by prior or current circumstances or prior court order, have been terminated or suspended, or through the statute's nomination and standby-guardian routes.
3
If necessary, the court may appoint a temporary guardian, but a temporary guardian's authority may not last longer than six months. In a true emergency the court may appoint a temporary guardian without notice, pending notice and hearing.
4
Notice of the hearing must go to the minor if 14 or older, to the person who has had the minor's principal care and custody during the 60 days before the petition, and to any living parent, at least 14 days before the hearing.
5
The court appoints the person nominated by a minor age 14 or older unless the court finds that appointment contrary to the minor's best interests.
6
The mandatory Order Appointing Guardian for a Minor form states that the guardian shall complete training within 90 days, and that training may be waived for good cause shown. Ask the county court whether a background check is required in your case.
7
Bond is not automatic for a guardian of the person; the court may require one under the same amount and conditions formula used for conservators, and it is commonly waived when the minor's assets are worth less than $10,000. A parent may instead delegate care through a properly executed power of attorney for up to six months, without a guardianship case.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Nebraska, 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 COUNTY COURT OF [COUNTY] COUNTY, NEBRASKA

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

CASE NO. [CASE NUMBER]

PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR

TO THE HONORABLE COURT:

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

PETITIONER Petitioner resides at [PETITIONER ADDRESS] and is the minor's [RELATIONSHIP TO THE MINOR, FOR EXAMPLE GRANDPARENT, ADULT SIBLING, OR OTHER ADULT]. 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]. The minor is [AGE] years old.
PARENTS The minor's parents are [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR LAST KNOWN WHEREABOUTS], and [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR LAST KNOWN WHEREABOUTS]. The status of each parent is as follows: [WHETHER EACH PARENT IS LIVING, WHETHER A COURT HAS TERMINATED OR SUSPENDED EITHER PARENT'S CUSTODIAL RIGHTS, AND WHETHER EACH PARENT CONSENTS TO OR OBJECTS TO THIS APPOINTMENT].
PERSON WITH PRINCIPAL CARE AND CUSTODY [NAME AND ADDRESS OF THE PERSON, IF ANY, WHO HAS HAD THE MINOR'S PRINCIPAL CARE AND CUSTODY DURING THE 60 DAYS BEFORE THIS PETITION].
NECESSITY FOR GUARDIANSHIP A guardianship is necessary because [DESCRIPTION OF WHY THE PARENTS CANNOT CARE FOR THE MINOR AND WHY GUARDIANSHIP IS NEEDED].
QUALIFICATIONS OF PROPOSED GUARDIAN Petitioner is qualified to serve as guardian because [DESCRIPTION OF PETITIONER'S QUALIFICATIONS AND RELATIONSHIP WITH THE MINOR], and will complete any background check and guardian training the court requires.
PROPERTY OF THE MINOR [DESCRIPTION OF THE MINOR'S PROPERTY AND ITS ESTIMATED VALUE, IF ANY].
BOND Petitioner [REQUESTS THAT BOND BE SET UNDER NEBRASKA REVISED STATUTES SECTIONS 30-2613(4) AND 30-2640, OR REQUESTS THAT BOND NOT BE REQUIRED BECAUSE THE MINOR'S ASSETS ARE LESS THAN $10,000 IN VALUE OR FOR OTHER GOOD CAUSE].
TEMPORARY GUARDIANSHIP Petitioner [DOES OR DOES NOT] request appointment as temporary guardian under Neb. Rev. Stat. section 30-2611(c) pending notice and hearing on this petition, because [REASON IMMEDIATE ACTION IS NECESSARY FOR THE MINOR'S WELFARE, OR NOT APPLICABLE]. Petitioner understands that a temporary guardian's authority may not last longer than six months.
NOTICE Petitioner will give notice of the hearing on this petition to the minor, if 14 years of age or older, to the person identified in paragraph 4, and to any living parent, as Neb. Rev. Stat. section 30-2611(a) requires.
RELIEF REQUESTED Petitioner requests that the court appoint Petitioner guardian of the person of the minor named above, set bond as the court finds appropriate, and grant such other relief as the court deems proper.

VERIFICATION

STATE OF NEBRASKA COUNTY OF [COUNTY]

Being first duly sworn, [PETITIONER NAME] states that the facts stated in this petition are true to the best of Petitioner's knowledge and belief.

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, NEBRASKA ZIP] [PHONE] [EMAIL]

Subscribed and sworn to before me on [DATE].

[NOTARY SIGNATURE] Notary Public, State of Nebraska

Nebraska Requirements for Guardianship of a Minor Petition

No Statewide Petition Form
The Nebraska Judicial Branch does not publish instructions or a form for starting a guardianship of a minor; the petitioner drafts the petition itself, though the post-appointment Order Appointing Guardian for a Minor is a mandatory statewide form.
County Court Has Guardianship Jurisdiction
A guardianship of a minor petition is filed with the clerk of the county court, the venue the Nebraska Probate Code sets for guardianship proceedings (Neb. Rev. Stat. section 30-2608(e)).
Six-Month Cap on Temporary Guardianship
The authority of a temporary guardian of a minor may not last longer than six months; in an emergency, the court may appoint a temporary guardian without notice, pending notice and hearing (Neb. Rev. Stat. section 30-2611(c)).
Notice to the Minor, Caregiver, and Parents
Notice of the hearing must be given to the minor if 14 or older, to the person who has had the minor's principal care and custody during the 60 days before the petition, and to any living parent, at least 14 days before the hearing (Neb. Rev. Stat. sections 30-2611(a), 30-2220).
Minor Age 14 May Nominate a Guardian
The court must appoint a person nominated by the minor if the minor is 14 or older, unless the court finds the appointment contrary to the minor's best interests (Neb. Rev. Stat. section 30-2610).
Guardian Training Clause in the Order
The mandatory Order Appointing Guardian for a Minor form (CC 16:2.1.2) states that the guardian shall complete training within 90 days, and that training may be waived for good cause shown.
Bond Not Automatic, Court May Require It
Bond is not automatic for a guardian of the person; the court may require a bond in an amount and conditions consistent with the conservator bond formula, commonly waived when the minor's assets are worth less than $10,000 (Neb. Rev. Stat. sections 30-2613(4), 30-2640).
Delegation of Powers Without a Guardianship Case
A parent or guardian may delegate care, custody, or property powers to another person by a properly executed power of attorney for a period not exceeding six months, except the power to consent to marriage or adoption (Neb. Rev. Stat. section 30-2604).
Age of Majority Is 19, Not 18
Nebraska's age of majority is 19, not 18, so a guardianship of a minor generally continues a year longer than in most states; the ward's marriage also ends minority, and with it the guardianship, under the same statute (Neb. Rev. Stat. section 43-2101).

Find out where you stand in Nebraska

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Nebraska Requirements for Guardianship of a Minor Petition

No Statewide Petition Form

County Court Has Guardianship Jurisdiction

Six-Month Cap on Temporary Guardianship

Notice to the Minor, Caregiver, and Parents

Minor Age 14 May Nominate a Guardian

Guardian Training Clause in the Order

Bond Not Automatic, Court May Require It

Delegation of Powers Without a Guardianship Case

Age of Majority Is 19, Not 18

Frequently Asked Questions