What court handles an Ohio guardianship of a minor petition?

The probate court of the county where the minor resides or has legal settlement, a division of the county Court of Common Pleas, not juvenile court. A guardianship arising out of an abuse, neglect, or dependency case is instead handled in juvenile court.

Is there an official Ohio guardianship of a minor form?

Yes. The Ohio Supreme Court's Standard Probate Form 16.0, Application for Appointment of Guardian of Minor, is mandatory statewide, used in all 88 county probate courts along with supporting Forms 15.0 and 16.1 through 16.5. The probate court's own version of the form controls.

How long can an emergency guardian serve in Ohio?

An emergency guardian, appointed without prior notice when immediate action is reasonably certain to be needed to prevent significant injury, is capped at a maximum of 72 hours. For good cause, after notice and a hearing, the court may extend the emergency guardianship by up to an additional 30 days. This is separate from an interim guardian, used when a prior guardian is removed or resigns, which is capped at 15 days and extendable the same way.

Does Ohio require notice to the parents in a guardianship of a minor case?

Yes. Notice of the hearing must be served at least 7 days beforehand on each parent whose name and address are known or reasonably ascertainable, along with the minor if over 14, the minor's next of kin known to reside in Ohio if no parent is available, and the person having custody of the minor. For good cause shown, the court may appoint before the 7 days run once notice has been served. An emergency or interim guardian is exempt from this 7-day notice requirement.

At what age can an Ohio minor select their own guardian?

A minor over 14 years of age may select a guardian, who must be appointed if suitable. If the minor does not select a suitable person, the court may appoint without regard to the minor's wishes. This selection right is separate from a parent's own nomination of a guardian by will or by a writing filed under Ohio's standby guardian statute.

Does Ohio guardianship of a minor end parental rights?

No. Guardianship is a court order over the child's care or property; it is not adoption and does not end parental rights. It ends automatically when the ward turns 18, unless removed earlier for good cause or unless the ward, who must be at least 14, selects another suitable guardian who is appointed.

Does Ohio require a background check for a guardian of a minor?

No independent, court-run criminal background check is required for a guardian of a minor; Ohio's mandatory background check rule applies only to guardians of incompetent adults. An applicant for a minor's guardian instead self-discloses on the application whether they have been charged with or convicted of a crime involving theft, physical violence, or sexual, alcohol, or substance abuse.

Is bond required for an Ohio guardian of a minor?

A guardian of the estate must post bond, in a penal sum the court sets at not less than double the probable value of the minor's personal property and annual real-property rentals. A guardian of the person only generally does not need bond unless the court finds good cause, If a parent's will or standby guardian writing waives bond, the court may still require one. If the probable value of personal property and annual real-property rentals is under ten thousand dollars, the court may waive or reduce bond.

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

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

Is Ohio 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 application.

Ohio Guardianship of a Minor Petition

Ohio hears this petition in the county probate court on the Ohio Supreme Court's mandatory Standard Probate Form 16.0, splits short-term relief into a 72-hour emergency guardian and a 15-day interim guardian, and has no independent background check or statutory investigator's report for a guardian of a minor the way it does for an adult ward.

Find out where you stand in Ohio

Where are you with the guardianship?

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Introduction

In Ohio, a relative or other adult petitions the probate court of the county where the child resides or has legal settlement, a division of the county Court of Common Pleas, by filing an Application for Appointment of Guardian of Minor on the Ohio Supreme Court's mandatory Standard Probate Form 16.0 (R.C. 2111.02(A); Sup.R. 51). For an urgent case, Ohio offers two short-term guardians: an emergency guardian, appointed without notice to prevent significant injury, capped at 72 hours, extendable up to 30 more days for good cause; and an interim guardian, used when a prior guardian is removed or resigns, capped at 15 days and extendable up to 30 more days (R.C. 2111.02(B)). Notice must be served at least 7 days before the hearing (less for good cause after service) on the minor if over 14, on each parent whose address is known or ascertainable, on next of kin known to reside in Ohio if no parent is available, and on the minor's custodian; a minor over 14 may select a guardian who must be appointed if suitable (R.C. 2111.04; R.C. 2111.12(A)). Ohio's background-check rule reaches only adult wards, not minors; an applicant instead discloses past criminal history on the application. A guardian of the estate must post bond; a guardian of the person does not absent good cause. A parent may instead sign a grandparent power of attorney without going to court. Guardianship does not terminate parental rights and never guarantees appointment. If the child is in immediate danger, contact Ohio's child protective services and consider a protective order. Attorney review is available.

Key Things to Know

1
Ohio guardianship of a minor is filed as an Application for Appointment of Guardian of Minor in the probate court of the county where the child resides or has legal settlement, a division of the county Court of Common Pleas. The Ohio Supreme Court's mandatory Standard Probate Form 16.0 is the statewide application, used in all 88 county probate courts along with supporting Forms 15.0 and 16.1 through 16.5 (R.C. 2111.02(A); Sup.R. 51).
2
Ohio splits short-term guardianship into two separate mechanisms under R.C. 2111.02(B). An emergency guardian may be appointed ex parte, without prior notice, when immediate action is reasonably certain to be needed to prevent significant injury, capped at a maximum of 72 hours and extendable for good cause, after notice and hearing, by up to an additional 30 days. An interim guardian, used only when a prior guardian is removed or resigns, is capped at 15 days and extendable the same way by up to an additional 30 days.
3
Notice of the hearing must be served at least 7 days beforehand: personally on the minor if over 14 years old, on each parent whose name and address are known or reasonably ascertainable, on the minor's next of kin known to reside in Ohio if no parent is available, and on the person having custody of the minor (R.C. 2111.04(A)(1)). For good cause shown, the court may appoint before the 7 days run once notice has been served (R.C. 2111.04(B)).
4
A minor over 14 may select a guardian, who must be appointed if suitable; if the minor does not select a suitable person, the court may appoint without regard to the minor's wishes. A parent's written nomination, by will or by a notarized or witnessed standby guardian writing under R.C. 2111.121, gives a nominee for guardian of the estate preference over the minor's own selection, though a will-named nominee for guardian of the person has no such preference (R.C. 2111.12(A)-(B)).
5
Ohio's mandatory criminal background check rule for guardians applies only to guardians of incompetent adults, not guardians of minors. An applicant for a minor's guardian instead self-discloses on the application itself whether they have been charged with or convicted of a crime involving theft, physical violence, or sexual, alcohol, or substance abuse, (R.C. 2111.03(A)). No statewide statute requires a court investigator's report for a minor's case, since that requirement applies only to alleged incompetents (R.C. 2111.041); county local rules may differ.
6
A guardian of the estate must post bond, with a penal sum the court sets at not less than double the probable value of the minor's personal property and annual real-property rentals. A guardian of the person only generally does not need bond unless the court finds good cause. Where a parent's will or R.C. 2111.121 writing waives bond, the court may still require one; where the probable value of personal property and annual real-property rentals is under ten thousand dollars, the court may waive or reduce bond (R.C. 2109.04(A)(2), (A)(4); R.C. 2111.121(B)).
7
Guardianship does not terminate a parent's parental rights and is not adoption. It ends automatically when the ward turns 18, unless removed earlier for good cause or unless the ward, who must be at least 14, selects another suitable guardian (R.C. 2111.46). As an alternative that does not require going to court, a parent may sign a grandparent power of attorney under R.C. 3109.52-3109.62. A standby guardian nomination under R.C. 2111.121 is filed with the probate court for safekeeping and gives no authority until a guardianship is actually filed.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Ohio, 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 PROBATE COURT OF [COUNTY] COUNTY, OHIO

CASE NO. [CASE NUMBER]

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

APPLICATION FOR APPOINTMENT OF GUARDIAN OF MINOR

TO THE HONORABLE COURT:

This application follows the content required by Ohio Supreme Court Standard Probate Form 16.0 under R.C. 2111.03(C); the probate court's own version of Form 16.0 controls and must be used for filing.

Applicant, [APPLICANT NAME], residing at [APPLICANT ADDRESS], respectfully applies for appointment as guardian of [THE PERSON, THE ESTATE, OR BOTH THE PERSON AND ESTATE] of the minor named below, and states:

RELATIONSHIP TO MINOR Applicant is the [RELATIONSHIP TO CHILD] of the minor.
THE MINOR [CHILD'S FULL NAME], born [DATE OF BIRTH], presently resides at [CHILD'S CURRENT ADDRESS] in [COUNTY] County, Ohio. The minor is [AGE] years old.
PARENTS The minor's mother, [MOTHER'S NAME], resides at [MOTHER'S ADDRESS OR LAST KNOWN WHEREABOUTS], and the minor's father, [FATHER'S NAME], resides at [FATHER'S ADDRESS OR LAST KNOWN WHEREABOUTS]. The status of each parent is: [WHETHER EACH PARENT IS LIVING, CONSENTS TO THIS APPLICATION, OR HAS NOMINATED A GUARDIAN BY WILL OR BY A WRITING UNDER R.C. 2111.121].
NEXT OF KIN AND CUSTODIAN The minor's next of kin known to Applicant, and the person presently having custody of the minor, are: [NAMES, RELATIONSHIPS, AND ADDRESSES].
NECESSITY FOR GUARDIANSHIP A guardian is needed because [DESCRIPTION OF WHY THE PARENTS ARE UNABLE OR UNAVAILABLE TO CARE FOR THE MINOR AND WHY GUARDIANSHIP IS NECESSARY].
APPLICANT'S CRIMINAL HISTORY DISCLOSURE As required by R.C. 2111.03(A), Applicant states: [WHETHER APPLICANT HAS BEEN CHARGED WITH OR CONVICTED OF A CRIME INVOLVING THEFT, PHYSICAL VIOLENCE, OR SEXUAL, ALCOHOL, OR SUBSTANCE ABUSE, AND IF SO, THE DATE AND PLACE OF EACH CHARGE OR CONVICTION].
SELECTION BY MINOR The minor [IS OR IS NOT] over fourteen years of age. If over fourteen, the minor's selection of a guardian under R.C. 2111.12(A) is attached.
MINOR'S PROPERTY [DESCRIPTION OF THE MINOR'S PROPERTY, IF ANY, AND ITS ESTIMATED VALUE].
BOND Applicant [REQUESTS THAT BOND BE SET UNDER R.C. 2109.04, OR REQUESTS THAT BOND BE WAIVED OR REDUCED UNDER R.C. 2109.04(A)(2) OR (A)(4) OR R.C. 2111.121(B)]. Applicant understands that a guardian of the estate must ordinarily furnish bond in a penal sum the court sets at not less than double the probable value of the minor's personal property and annual real-property rentals.
EMERGENCY GUARDIANSHIP If immediate action is reasonably certain to be needed to prevent significant injury to the minor, Applicant requests appointment as emergency guardian under R.C. 2111.02(B)(3), for a maximum of 72 hours. The circumstances requiring immediate action, if any, are: [DESCRIPTION OF THE IMMEDIATE NEED FOR ACTION BEFORE THE HEARING].
RELIEF REQUESTED Applicant requests that the court set this matter for hearing upon notice as required by R.C. 2111.04, appoint Applicant guardian of [THE PERSON, THE ESTATE, OR BOTH] of the minor named above, fix bond as the court finds appropriate, and grant all other proper relief.

VERIFICATION

Applicant, being first duly sworn, states that the foregoing application is true to the best of Applicant's knowledge and belief.

[SIGNATURE] [APPLICANT NAME] [ADDRESS] [CITY, OHIO ZIP] [PHONE] [EMAIL]

Sworn to and subscribed before me this [DATE].

[NOTARY SIGNATURE AND SEAL] Notary Public, State of Ohio

Ohio Requirements for Guardianship of a Minor Petition

Probate Court of the County Has Venue
A guardianship of a minor application is filed in the probate court of the county where the minor resides or has legal settlement, a division of the county Court of Common Pleas (R.C. 2111.02(A)).
Mandatory Standard Probate Form 16.0
The Ohio Supreme Court's Standard Probate Form 16.0, Application for Appointment of Guardian of Minor, is mandatory statewide across all 88 county probate courts, along with supporting Forms 15.0 and 16.1 through 16.5 (Sup.R. 51; R.C. 2111.03(C)).
72-Hour Emergency Guardian, 15-Day Interim Guardian
Ohio uses two separate short-term guardians: an emergency guardian, capped at 72 hours and extendable up to an additional 30 days for good cause, and an interim guardian used when a prior guardian is removed or resigns, capped at 15 days and extendable up to an additional 30 days (R.C. 2111.02(B)).
Notice Required at Least 7 Days Before Hearing
Notice must be served at least 7 days before the hearing on the minor if over 14, on each parent whose address is known or ascertainable, on next of kin known to reside in Ohio if no parent is available, and on the minor's custodian; for good cause the court may act sooner once notice is served (R.C. 2111.04(A)(1), (B)).
Minor Over 14 May Select a Guardian
A minor over 14 years of age may select a guardian, who must be appointed if suitable; a parent's nomination for guardian of the estate, by will or R.C. 2111.121 writing, has preference over the minor's selection, but a will nomination for guardian of the person does not (R.C. 2111.12(A)-(B)).
No Independent Background Check for a Minor's Guardian
Ohio's mandatory guardian background-check rule applies only to guardians of incompetent adults. An applicant for a minor's guardian instead self-discloses past criminal charges or convictions on the application itself (R.C. 2111.03(A)).
Bond Required for a Guardian of the Estate
A guardian of the estate must furnish bond in a penal sum not less than double the probable value of the minor's personal property and annual real-property rentals; a guardian of the person only generally does not need bond absent good cause (R.C. 2109.04(A)).
Grandparent Power of Attorney as a Non-Court Alternative
A parent, guardian, or custodian may grant a grandparent with whom the child resides authority over the child's care through a mandatory statutory power of attorney form, filed with the juvenile court within 5 days, without a guardianship proceeding (R.C. 3109.52; R.C. 3109.53).
Guardianship Ends at Majority or Earlier for Good Cause
A minor's guardianship ends automatically when the ward turns 18, unless removed earlier for good cause or unless the ward, who must be at least 14, selects another suitable guardian who is appointed and qualified (R.C. 2111.46).

Find out where you stand in Ohio

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Ohio Requirements for Guardianship of a Minor Petition

Probate Court of the County Has Venue

Mandatory Standard Probate Form 16.0

72-Hour Emergency Guardian, 15-Day Interim Guardian

Notice Required at Least 7 Days Before Hearing

Minor Over 14 May Select a Guardian

No Independent Background Check for a Minor's Guardian

Bond Required for a Guardian of the Estate

Grandparent Power of Attorney as a Non-Court Alternative

Guardianship Ends at Majority or Earlier for Good Cause

Frequently Asked Questions