What court hears a Rhode Island guardianship of a minor petition?

The probate court of the city or town where the child resides or has a legal settlement. Rhode Island has no unified state probate court, since each of the state's 39 cities and towns runs its own probate court, typically presided over by a probate judge appointed by that city or town, often the same person as the municipal clerk. The statewide petition form is PC-2.2, Minor Guardianship; ask the local court which forms it accepts, and the court's form controls.

How long can a temporary guardian serve in Rhode Island?

Rhode Island sets no fixed statutory maximum. A temporary guardian holds office until the question of appointment of a guardian is decided or the probate court discharges the temporary guardian, and there is no appeal from the appointment of a temporary guardian. A temporary guardian must give bond in the same manner as a general guardian.

Does a Rhode Island child have to consent to a guardianship?

A minor under 14 cannot nominate their own guardian, but a minor age 14 or older may nominate their own guardian, subject to the probate court's approval. The court can pass over that nomination if the nominee neglects to give bond or the court disapproves the choice.

Does a Rhode Island guardianship end a parent's rights?

No. A guardianship is a court order over the child's care; it does not terminate parental rights and is not adoption. The guardianship ends no later than the ward's 18th birthday, when Rhode Island law deems a person to be of full legal age.

Is a bond required for a Rhode Island guardian of a minor?

Bond is a standing condition of guardianship throughout Chapter 15.1, but Chapter 15.1 sets no bond amount or formula. The probate court fixes a dollar figure at appointment on the PC-2.2 decree, checking either 'with surety' or 'without surety,' and if guardianship funds are deposited under court order, the court may in its discretion relieve the guardian of the surety requirement.

Does Rhode Island require an investigation or training before appointing a guardian?

Not under Chapter 15.1 itself, which has no background-check, training, or court-investigator section for a minor guardianship. A city or town's own probate court can add such a step by local rule; Providence, for instance, appoints a guardian ad litem on every guardianship petition it receives.

Is there a Rhode Island form for a contested guardianship case?

The only statewide minor-guardianship form, PC-2.2, is built around a parent or legal-guardian consent signature block, or proof of a parent's death. A petitioner facing a parent's objection should ask the local probate court how it wants the case presented; attorney review is available.

What if a Rhode Island child is in danger right now?

Contact the Department of Children, Youth and Families or local law enforcement, and consider the protective order process. A guardianship petition by itself is not an emergency safety intervention.

Is a Rhode Island 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-plan process, not through a probate court guardianship petition.

Rhode Island Guardianship of a Minor Petition

Q: Who must be notified of a Rhode Island guardianship of a minor petition?

The intended ward, meaning the child, must be personally served with notice at least 14 days before any action on the petition, unless the minor is under 12, in which case notice may instead go to next of kin or another interested person or friend as the probate court directs. Ask the probate court whether anyone else, such as the child's parents, must also receive notice.

Rhode Island has no unified state probate court, so a guardianship of a minor petition, for which PC-2.2 is the statewide form, is filed in the probate court of the city or town where the child lives, the child must be personally served at least 14 days beforehand unless under 12, and a temporary guardian serves with no fixed statutory maximum duration.

Find out where you stand in Rhode Island

Where are you with the guardianship?

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Introduction

A Rhode Island guardianship of a minor is filed in the probate court of the city or town where the child resides or has a legal settlement. Rhode Island has no unified state probate court: each of the state's 39 cities and towns runs its own probate court, and each sets its own local administrative rules. Form PC-2.2, Minor Guardianship, is the state's sole statewide minor-guardianship petition and decree form; ask your local court which forms it accepts, since the court's form controls, and this is a working draft to prepare for filing, not a substitute for it. The intended ward must be personally served with notice at least 14 days before any action on the petition, unless the minor is under 12, in which case notice may instead go to next of kin or another interested person or friend as the court directs. A minor age 14 or older may nominate their own guardian, subject to the court's approval. A temporary guardian may be appointed pending a decision on the petition, and Rhode Island sets no fixed statutory maximum for how long that appointment lasts; it continues until the underlying petition is decided or the court discharges the temporary guardian. This guardianship does not end the parents' legal rights to the child and is not adoption. Attorney review is available before you file.

Key Things to Know

1
File a Petition for Appointment of a Guardian of a Minor, titled 'Minor Guardianship' on the Probate Court's own form, in the probate court of the city or town where the child resides or has a legal settlement. Statewide Form PC-2.2 is that form; Rhode Island has no unified state probate court, since each of the state's 39 cities and towns runs its own probate court with its own local rules, and the court's form controls over any draft.
2
A Rhode Island guardianship does not terminate the parents' legal rights to the child and is not adoption. The guardianship ends no later than the ward's 18th birthday, when Rhode Island law deems a person to be of full legal age.
3
A temporary guardian may be appointed by the probate court while the petition is pending, and holds office until the question of appointment of a guardian is decided or the court discharges the temporary guardian; Rhode Island sets no fixed statutory maximum duration, unlike states with a set calendar cap, and there is no appeal from the appointment of a temporary guardian.
4
The intended ward must be personally served with notice of the petition at least 14 days before any action on it, unless the minor is under 12, in which case notice may instead go to next of kin or another interested person or friend as the court directs. A minor age 14 or older may nominate their own guardian, subject to the probate court's approval, and the court may pass over that nomination if the nominee neglects to give bond or the court disapproves the choice.
5
Chapter 15.1 itself does not require a background check, mandatory training, or a court investigator or guardian ad litem for a minor guardianship petition. A city or town's own probate court may add such a requirement by local rule; Providence, for example, appoints a guardian ad litem on every guardianship petition filed there.
6
Bond is referenced throughout Chapter 15.1 as a standing condition of guardianship, but Chapter 15.1 sets no bond amount or formula. The probate court fixes a dollar figure at appointment on the PC-2.2 decree, checking either 'with surety' or 'without surety,' and if guardianship funds are deposited under court order, the court may in its discretion relieve the guardian of the surety requirement.
7
A parent may nominate a guardian by will, but that nomination is subject to the probate court's approval and takes effect only through a court appointment. A guardianship itself requires a court order; ask the probate court or an attorney about any other arrangement for a caregiver.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Rhode Island, 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

PROBATE COURT OF THE [CITY OR TOWN] OF [CITY OR TOWN NAME] STATE OF RHODE ISLAND

In re: Guardianship of [CHILD'S FULL NAME], a Minor

P.C. No. [CASE NUMBER]

PETITION FOR APPOINTMENT OF A GUARDIAN OF A MINOR (Prepared to accompany Probate Court Form PC-2.2, Minor Guardianship; the court's form controls)

TO THE HONORABLE PROBATE COURT:

PETITIONER Petitioner, [PETITIONER'S FULL NAME], residing at [PETITIONER'S ADDRESS], respectfully petitions this court for appointment as guardian of the [PERSON, ESTATE, OR PERSON AND ESTATE] of the minor named below. Petitioner's relationship to the minor is [RELATIONSHIP TO CHILD].
THE MINOR Name: [CHILD'S FULL NAME] Date of birth: [CHILD'S DATE OF BIRTH] Current residence: [CHILD'S CURRENT ADDRESS] The minor has resided at this address since [DATE MINOR BEGAN RESIDING THERE].
PARENTS Mother: [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS, WHEREABOUTS UNKNOWN, OR DATE OF DEATH IF DECEASED]. Father: [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS, WHEREABOUTS UNKNOWN, OR DATE OF DEATH IF DECEASED]. Consent status: [PARENT CONSENT STATUS: CONSENTS, OBJECTS, HAS NOT RESPONDED, OR WHEREABOUTS UNKNOWN].
WHY GUARDIANSHIP IS NEEDED Appointment of a guardian is necessary because [FACTS SHOWING WHY THE PARENTS CANNOT PRESENTLY CARE FOR THE MINOR AND WHY GUARDIANSHIP IS NEEDED].
PROPOSED GUARDIAN'S QUALIFICATIONS Petitioner is [AGE] years old, resides at the address above, and is able to provide for the minor's [HEALTH, EDUCATION, AND SUPPORT NEEDS] because [FACTS SHOWING PETITIONER'S QUALIFICATIONS].
SCOPE OF GUARDIANSHIP REQUESTED Petitioner requests appointment as guardian of the [PERSON, ESTATE, OR PERSON AND ESTATE] of the minor. Property the minor owns or may receive: [DESCRIPTION OF THE MINOR'S PROPERTY, OR "NONE"].
BOND Petitioner requests that [BOND REQUEST: BOND BE FIXED BY THE COURT WITH SURETY, BOND BE FIXED WITHOUT SURETY, OR THE COURT RELIEVE PETITIONER OF THE SURETY REQUIREMENT UNDER R.I. GEN. LAWS SECTION 33-15.1-27 BECAUSE GUARDIANSHIP FUNDS WILL BE DEPOSITED UNDER COURT ORDER].
NOTICE The minor [IS 12 YEARS OF AGE OR OLDER AND WILL BE PERSONALLY SERVED AT LEAST 14 DAYS BEFORE ANY ACTION ON THIS PETITION, OR IS UNDER 12 YEARS OF AGE, AND PETITIONER REQUESTS THAT THE COURT DIRECT NOTICE TO THIS NEXT OF KIN OR INTERESTED PERSON: NAME AND ADDRESS]. Nomination by a minor 14 years of age or older: [NOMINEE'S NAME, OR NONE].
TEMPORARY GUARDIANSHIP Temporary guardianship: [NOT REQUESTED, OR REQUESTED PENDING DECISION ON THIS PETITION BECAUSE OF THE FOLLOWING IMMEDIATE NEED: FACTS].
RELIEF REQUESTED Petitioner asks the court to: a. Appoint petitioner guardian of the [PERSON, ESTATE, OR PERSON AND ESTATE] of the minor; b. Fix bond as set out above; and c. Grant such other relief as the court deems proper.

VERIFICATION

I, [PETITIONER'S FULL NAME], being duly sworn, depose and state that I have read the foregoing petition and know its contents, and that the facts stated are true to the best of my knowledge and belief.

[SIGNATURE] [PETITIONER'S FULL NAME] [ADDRESS] [CITY OR TOWN, RHODE ISLAND ZIP] [PHONE] [EMAIL]

Subscribed and sworn to before me this [DATE].

[NOTARY SIGNATURE] Notary Public

Rhode Island Requirements for Guardianship of a Minor Petition

Filed in the Probate Court of the City or Town
Rhode Island has no unified state probate court; a guardianship of a minor petition is filed in the probate court of the city or town where the child resides or has a legal settlement, one of 39 separate municipal probate courts (R.I. Gen. Laws section 33-15.1-4).
Statewide Form PC-2.2, Minor Guardianship
Form PC-2.2, Minor Guardianship, is the state's sole statewide minor-guardianship petition and decree form; ask the local probate court which forms it accepts, and the court's form controls over any draft.
14-Day Personal Service on the Ward
The intended ward must be personally served with notice of the petition at least 14 days before any action on it, unless the minor is under 12, in which case notice may instead go to next of kin or another interested person or friend as the court directs (R.I. Gen. Laws section 33-15.1-10).
Nomination Right at Age 14
A minor age 14 or older may nominate their own guardian, subject to the probate court's approval; the court may pass over the nomination if the nominee neglects to give bond or the court disapproves the choice (R.I. Gen. Laws sections 33-15.1-5, 33-15.1-6).
Temporary Guardianship With No Fixed Maximum
A temporary guardian holds office until the question of appointment of a guardian is decided or the probate court discharges the temporary guardian, with no fixed statutory maximum duration and no appeal from the appointment (R.I. Gen. Laws sections 33-15.1-14, 33-15.1-15).
Bond Fixed by the Court at Appointment
Chapter 15.1 sets no bond amount or formula; the probate court fixes a dollar figure at appointment on the PC-2.2 decree and, if guardianship funds are deposited under court order, may in its discretion relieve a guardian of the surety requirement (R.I. Gen. Laws sections 33-15.1-27, 33-15.1-37).
No Investigation or Training Rule in Chapter 15.1
Chapter 15.1 does not require a background check, mandatory training, or a court investigator or guardian ad litem for a minor guardianship petition; a city or town's probate court may add such a step by its own local administrative rule.
Guardianship Does Not Terminate Parental Rights
A Rhode Island guardianship does not end the parents' legal rights and is not adoption; it ends no later than the ward's 18th birthday, when Rhode Island law deems a person of full legal age (R.I. Gen. Laws section 15-12-1).

Find out where you stand in Rhode Island

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Rhode Island Requirements for Guardianship of a Minor Petition

Filed in the Probate Court of the City or Town

Statewide Form PC-2.2, Minor Guardianship

14-Day Personal Service on the Ward

Nomination Right at Age 14

Temporary Guardianship With No Fixed Maximum

Bond Fixed by the Court at Appointment

No Investigation or Training Rule in Chapter 15.1

Guardianship Does Not Terminate Parental Rights

Frequently Asked Questions