Guardianship

A legal guardianship gives custody of a minor to a person other than a parent. The guardianship allows the guardian to provide health insurance, enroll the minor in school and provide care and protection.

A guardianship may be necessary when a minor's parents are no longer able or willing to provide care for the child.

The adult who wishes to be the legal guardian of a minor must file a petition with the Probate Clerk's Office. The Clerk's Office will set a court hearing. Probate Court Services will conduct an investigation to determine the suitability of the petitioner to have guardianship of the minor. At the court hearing, the court will make a determination as to whether or not the guardianship is necessary and if the petitioner is suitable.

The guardianship will generally remain in effect until the minor reaches the age of majority (18) or until the guardianship is terminated by the court.

No, Parents still have parental rights. They can have reasonable contact with the child. The Court can end a guardianship if the parents become able to take care of the child.

See the fee schedule for fees to file the petition and for the investigation. If the fees present a hardship, you may be eligible for a fee waiver. For more information, instructions and forms regarding how to seek a waiver of court fees, click here

If more than one person petitions the court for guardianship of a minor, each petitioner will be investigated to determine their suitability. If a parent is contesting the guardianship, the court may order the Department of Social Services to conduct a full investigation of all parties.