Start a guardianship case

You will need the address of the court to put on the papers you file. Generally, you must file the papers in the court in the county where the child lives. If there's already a court case about custody of the child, you may need to file in that court even if the child has since moved out of that county.

Find a court's address. You will need the address of the courthouse that handles guardianship cases. Most courts handle guardianship cases at the courthouse where they handle other probate cases, but some courts handle them at the family or juvenile courthouse. Check the court’s website to find out.

• Petition for Appointment of Guardian of the Person (form GC-210(P)) 

  Fill out a Petition. If there's more than one petitioner, each one must sign. If the child is 12 or older, they can sign too, or file the Petition by themselves

  If you also want to be a guardian of the child's estate, you fill out a different Petition. 

  If you are also asking to be a guardian of the child's estate, fill out a Petition for Appointment of Guardian of Minor (form GC-210) instead. This website does not cover guardianships of the estate, so you should talk to a lawyer if you have questions about that type of guardianship.

• Guardianship Petition--Child Information Attachment (form GC-210(CA))

  Fill out one attachment for each child. Attach it to the Petition.

• Indian Child Inquiry Attachment (form ICWA-010a)

  Fill out one attachment for each child. Attach it to the Petition.

• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105/GC-120)

  If there is more than one child, you can include them on the same form. If there are more than two children, you can use attachment form FL-105(A)/GC-120(A).

• Confidential Guardian Screening Form (form GC-212)

  Fill out a screening form. The information on this form will be confidential. Everyone asking to be appointed guardian must fill out a separate form. 

• If required by your court, Consent of Proposed Guardian (form GC-211)

  Fill out and sign item 1. Many courts do not require this form if you are asking the court to appoint yourself as the guardian. 

• Notice of Hearing--Guardianship or Conservatorship (form GC-020)

  Fill out the caption and #1 of the Notice. Also, fill out the names and addresses of the relatives who can be served by mail on page two. Attach Proof of Personal Service (form GC-020(P)) with the information of the relatives, like the parents, who must be served in person. When you file the form, the clerk will write in the hearing date on the front.

• Duties of Guardian (form GC-248)

  Read carefully, date, and sign. All proposed guardians must sign.

• Letters of Guardianship (form GC-250)

  Only fill out the caption. The court will keep this form or will return it to you to hold on to until the court date. The court clerk will fill it out based on what the judge orders.

• Order Appointing Guardian or Extending Guardianship of the Person (form GC-240) 

  Only fill out the caption. The court will keep this form or will return it to you to hold on to until the court date. Then, the judge will fill it out and sign it if they appoint a guardian.

It will take at least a month, usually longer, for the court to make a decision on you becoming a guardian. If there's an emergency and you need to act as guardian right away, you can file additional papers when you file your petition to be appointed guardian, or afterward, asking to be appointed temporary guardian. You will still have to do all the other forms listed in Step 1 as well as the ones in this step. You cannot ask for a temporary guardianship by itself.

With a temporary guardianship petition, the court clerk will set you a court date a lot sooner so the judge can decide whether to appoint a temporary guardian before a full investigation is complete. This is only temporary. It ends once the judge makes a decision at a late court date after the investigation is complete. 

Keep in mind that if the emergency comes up after you already filed for general guardianship but haven't been appointed yet, you can still follow these instructions to add a temporary guardianship request. 

You can ask your court's Self-Help Center or a probate court clerk to get a general idea of how long it usually takes to complete an investigation and to get a court date. In some cases, the investigation will happen within a few weeks. In others, it may take longer. 

If you file a Petition to become a temporary guardian, you will need to have a copy of the filed papers hand-delivered at least 5 court days before the court date to the child's parents, the child if 12 or older, and anyone with a valid visitation order with the child. 

Some courts have additional local forms you must use.   

Contact your court clerk’s office, check your court’s website, or talk to your court's Self-Help Center staff to ask if they have any local forms you need to complete. 

Make at least 3 copies of all your forms. The court keeps the original. The other copies are for you and the parents. You may need to make more copies later to send to other family members.