| GENERAL INFO. RE: BECOMING A GUARDIAN |
In order to become the Legal guardian of a Minor child you will first need to fill out the standard documents and file the documents with the Probate court. To find out what documents you need to file with the probate court, please click here. Please note that there will be a filing fee to file the documents. Also note that the Courts do not accept creidt cards, only check, cash, and money orders.
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What if I don't have enough money to pay the filing fee?
If you cannot afford the filing fees, you can ask the court for a Fee Waiver. You can get the Fee Waiver forms at your courthouse.
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Do I need a lawyer to set up a guardianship?
You do not have to have a lawyer. But, it takes quite a bit of time and energy to fill out your court forms and to "give notice" to all relatives. And, most people make mistakes.
The forms and rules for notice are complicated. If you don't follow them carefully you will have to come back to court and it will take more time to process your case.
Sometimes a lawyer can help you present your case to the court, especially if one or both parents object to the guardianship.
Talk to a lawyer if:
- the child has property with a lot of value,
- you live out-of-state,
- there are other legal cases going on at the same time (like adoption, custody in family court, juvenile charges),
- the child has special needs (physically/emotionally disabled), or
- the child is Native American (because federal laws apply).
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What if it's an emergency?
Sometimes, there is an emergency and the guardianship has to be set up quickly. For example,
- the child needs immediate medical treatment;
- the child needs to be enrolled in school;
- both the child's parents are dead, absent, incarcerated, or incapacitated; or
- the child's parent is also a minor.
In emergencies such as these, you can ask the court to appoint a Temporary Guardian. You must show "good cause," which means you have to have a really good reason to ask for a Temporary Guardianship.
Even if you file for a Temporary Guardianship, you still have to file for a general guardianship at the same time. A Temporary Guardianship is an emergency order only and will end when a general guardian is appointed by the court.
To ask for an emergency Temporary Guardianship, fill out:
- Petition for Appointment of Temporary Guardian of the Person, Form GC- 110(P) if you are asking for guardianship of the person only,
Or
Petition for Appointment of Temporary Guardian, Form GC- 110 if you are also asking for guardianship of the child's estate;
- Order Appointing Temporary Guardian, Form GC- 140
- Letters of Temporary Guardianship, Form GC- 150
- Any other forms your local court requires.
Remember, you also have to fill out all the general guardianship forms.
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