Which New York court hears a guardianship of a minor petition?

Either the Surrogate's Court or the Family Court, depending on the case. The Surrogate's Court has primary jurisdiction over guardianship of a child's person and property under SCPA Article 17, Sections 1701 to 1703. The Family Court has concurrent jurisdiction over guardianship of the child's person only, under Family Court Act Section 661. If the child is expected to receive money or property, the petition must be filed in Surrogate's Court; if not, either court will accept the case.

Does a child have to consent to a New York guardianship?

Generally no. A child 14 or older has their preference considered by the court under SCPA Section 1706(1), but the court is not bound by it. Actual consent from the child is required only if the child is already over 18 and the guardianship is being extended past majority to the child's 21st birthday.

Who must be notified of a New York guardianship petition?

The child's parents, and the person who has care and custody of the child or with whom the child resides, under SCPA Section 1705(1). If the petition is filed on the child's own behalf and the child is over 14, the child must also be served.

Is a background check required to become a guardian in New York?

Yes. Every proposed guardian is screened against the New York State Central Register of Child Abuse and Maltreatment when the petition is filed, under SCPA Section 1704(6), and again by the court itself before appointment, under SCPA Section 1706(2).

Does a New York guardian of a minor need to post a bond?

A guardian of the child's property generally must post a bond under SCPA Section 1708(1). The court can dispense with the bond if the child's funds are instead placed in an insured account, invested in government bonds held in joint custody, or handled under a court-approved investment advisory agreement. No parallel bond default applies to a guardian of the person only.

Does a New York guardianship end a parent's parental rights?

No. Guardianship does not terminate a parent's parental rights and is not adoption. It ends automatically when the child turns 18, or 21 if the child consents to continue it, and a court can end it earlier for cause.

Is there a way to get guardian-like authority in New York without a full court case?

For short-term needs, a parent can sign a standby guardian designation under SCPA Section 1726, which lapses 60 days after it takes effect unless a guardianship petition is then filed, or a parental delegation of school and health care authority under General Obligations Law Section 5-1551, good for up to 12 months. Both are narrower than, and different from, a court-ordered guardianship.

New York Guardianship of a Minor Petition

Q: Is there an official New York guardianship of a minor petition form?

Yes. The Surrogate's Court uses Official Form G-2A for a guardian of the person only, or Form G-2B for the person and property or property only. The Family Court uses Form 6-1. The form used by the court where the petition is filed controls.

New York splits jurisdiction by what the child will receive: the Surrogate's Court handles guardianship of a child's person and property, the Family Court has concurrent authority over the person only, and a standby guardian designation lapses 60 days after it takes effect unless a court petition follows.

Find out where you stand in New York

Where are you with the guardianship?

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Introduction

In New York, a guardianship of a minor is filed in the Surrogate's Court of the county where the child is domiciled, which has primary jurisdiction over guardianship of both the child's person and property under SCPA Article 17. The Family Court has concurrent jurisdiction, but only over guardianship of the child's person, under Family Court Act § 661. If the child is expected to receive money or property, the petition must go to Surrogate's Court; otherwise, either court will accept the case. The Surrogate's Court proceeding uses Official Form G-2A for a guardian of the person only, or Form G-2B for the person and property or property only; the Family Court proceeding uses Form 6-1. The court can grant temporary letters of guardianship at the outset under SCPA § 1707(1), running until the final decree; a separate mechanism used only when a child has been physically placed for adoption expires no later than 9 months after issuance or a final adoption order, whichever is sooner, extendable for good cause under SCPA § 1725. This process does not end a parent's parental rights and is not adoption, and the court decides who is appointed based on the child's best interest, not the petitioner's preference. Attorney review is available before filing.

Key Things to Know

1
New York guardianship of a minor is filed in Surrogate's Court under SCPA Article 17, using Official Form G-2A or G-2B, or in Family Court under Family Court Act § 661, using Form 6-1. If the child is to receive money or property, the case must go to Surrogate's Court; if not, either court will do. The form used by the filing court controls.
2
The court can issue temporary letters of guardianship at the outset of the case under SCPA § 1707(1); they run only until the final decree. A different, pre-adoptive-only temporary guardianship under SCPA § 1725 expires no later than 9 months after issuance or a final adoption order, whichever is sooner, extendable in periods of up to 3 months for good cause.
3
Notice of the petition must be served on the child's parents and on the person who has care and custody of the child or with whom the child resides, under SCPA § 1705(1). If the petition is filed on the child's own behalf and the child is over 14, the child must also be served.
4
A child's own consent to the guardian's appointment is not required unless the child is already over 18 and the appointment is being extended past majority to age 21, under SCPA § 1706(1). For a child 14 or older, the court considers the child's preference but is not bound by it.
5
Every proposed guardian is screened against the New York State Central Register of Child Abuse and Maltreatment, both when the petition is filed under SCPA § 1704(6) and again by the court itself before appointment under SCPA § 1706(2).
6
A guardian of the child's property must generally post a bond under SCPA § 1708(1), though the court can dispense with it if the funds are instead placed in an insured account, invested in government bonds held in joint custody, or handled under a court-approved investment advisory agreement. No parallel bond default applies to a guardian of the person only.
7
Guardianship does not terminate a parent's parental rights and is not adoption; it ends automatically when the child turns 18, or 21 if the child consents to continue it, and a court can end it earlier for cause. A standby guardian designation or a parental delegation of authority is a lighter, non-court option for short-term needs and is a different instrument from this petition.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in New York, 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 SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY]

In the Matter of the Appointment of a Guardian of the [PERSON, PROPERTY, OR PERSON AND PROPERTY] of [CHILD'S FULL NAME], An Infant.

File No. [FILE NUMBER]

PETITION FOR APPOINTMENT OF A GUARDIAN

This petition is prepared for filing in Surrogate's Court on New York's own form for this proceeding, Surrogate's Court Official Form G-2A or G-2B. The form used by the court controls, and this document is a working draft to prepare for that filing. A petition in Family Court, which covers guardianship of the person only, uses Family Court Form 6-1 instead.

TO THE COURT:

The petition of [PETITIONER'S FULL NAME], residing at [PETITIONER'S ADDRESS], respectfully shows:

Petitioner is the [PETITIONER'S RELATIONSHIP TO THE CHILD] of [CHILD'S FULL NAME] (the child), born [CHILD'S DATE OF BIRTH], who is domiciled in [COUNTY], New York.
The child's parents are [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR LAST KNOWN ADDRESS], and [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR LAST KNOWN ADDRESS]. The appointment of a guardian is needed because [REASON A GUARDIAN IS NEEDED]. Each parent's position on this appointment is as follows: [EACH PARENT'S CONSENT OR POSITION].
The child is [CHILD'S AGE] years of age. Where the child is over fourteen, the child's preference as to a guardian will be presented to the court.
No guardian of the child's person or property is presently serving.
Petitioner seeks appointment as guardian of the child's [PERSON, PROPERTY, OR PERSON AND PROPERTY]. The child's property consists of [DESCRIPTION AND SOURCE OF THE CHILD'S PROPERTY, OR NONE].
Petitioner is a fit and proper person to serve as guardian. Petitioner has completed and annexed the Request For Information (Guardianship) form required to be submitted to the New York State Central Register of Child Abuse and Maltreatment.
As to any property of the child, petitioner requests that the court fix the amount of a bond, or dispense with a bond and instead direct that the child's funds be deposited in an insured account or invested as the court directs.
This petition does not seek to end the parental rights of either parent. Any guardianship the court grants may be ended by the court earlier for cause.

WHEREFORE, petitioner requests that the court: a. Issue citation to the persons entitled to notice of this proceeding; b. Appoint petitioner guardian of the [PERSON, PROPERTY, OR PERSON AND PROPERTY] of the child; c. As to any property of the child, fix the amount of a bond or dispense with a bond as the court finds proper; d. Grant such other and further relief as is proper.

VERIFICATION

[PETITIONER'S FULL NAME], being duly sworn, states that the foregoing petition is true to petitioner's own knowledge, except as to matters stated on information and belief, and as to those matters petitioner believes them to be true.

[SIGNATURE] [PETITIONER'S FULL NAME] [PETITIONER'S ADDRESS] [PETITIONER'S PHONE]

Sworn to before me this [DATE]

[NOTARY PUBLIC SIGNATURE AND STAMP]

New York Requirements for Guardianship of a Minor Petition

Dual-Forum Rule by Asset Type
The Surrogate's Court has primary jurisdiction over guardianship of a child's person and property (SCPA §§ 1701-1703); the Family Court has concurrent jurisdiction over the person only (Family Court Act § 661). If the child will receive money or property, the petition must go to Surrogate's Court.
Official G-Series and Form 6-1 Petitions
Surrogate's Court uses Official Form G-2A (person only) or G-2B (person and property, or property only); Family Court uses Form 6-1, Petition for Appointment as Guardian of Person or Permanent Guardian. The form used by the filing court controls.
Temporary Letters Pending the Final Decree
On the initial petition, the court may issue temporary letters of guardianship under SCPA § 1707(1); they run pending the final decree.
Nine-Month Pre-Adoptive Temporary Guardianship Cap
A temporary guardianship decree for a child physically placed for adoption under SCPA § 1725 expires no later than 9 months after issuance or entry of a final adoption order, whichever is sooner, extendable in periods of up to 3 months for good cause shown.
Notice to Parents and the Child's Custodian
Process must be served on the child's parents and on the person who has care and custody of the child or with whom the child resides, under SCPA § 1705(1); a child over 14 must also be served if the petition is filed on the child's own behalf.
Child's Preference at 14, Consent Only Past 18
SCPA § 1706(1) has the court ascertain a youth's preference from age 14, but requires the youth's actual consent to the appointment only where the youth is over 18 and the guardianship is being extended past majority, to age 21.
Mandatory Central Registry Background Check
The petition must disclose, and the court must independently check with the Office of Children and Family Services, whether the nominated guardian or an adult in that household is the subject of an indicated child-abuse or maltreatment report, under SCPA § 1704(6) and § 1706(2).
Bond Required for Property Guardians, With Named Waivers
All property of the child must be secured by bond under SCPA § 1708(1), unless the court instead directs an insured deposit, government bonds held in joint custody, a court-approved investment advisory agreement, or a joint-check arrangement for certain insurance proceeds (SCPA § 1708(2)-(3)).
Guardianship Ends at 18, or 21 With Consent
A guardian's term of office expires when the child turns 18, unless the child consents to continue it, in which case it expires at 21 (SCPA § 1707(2)). Guardianship of the person also ends early if the child marries before majority.

Find out where you stand in New York

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

New York Requirements for Guardianship of a Minor Petition

Dual-Forum Rule by Asset Type

Official G-Series and Form 6-1 Petitions

Temporary Letters Pending the Final Decree

Nine-Month Pre-Adoptive Temporary Guardianship Cap

Notice to Parents and the Child's Custodian

Child's Preference at 14, Consent Only Past 18

Mandatory Central Registry Background Check

Bond Required for Property Guardians, With Named Waivers

Guardianship Ends at 18, or 21 With Consent

Frequently Asked Questions