A child’s legal guardian is a non-parent person appointed by the court to take care of a child and make decisions on their behalf. To become a child’s legal guardian is to assume legal responsibility for a child and to have the authority to take care of their property and personal interests.

The decision to appoint a legal guardian is not an easy one for the courts because it requires to forgo the parenting rights of biological parents and give those rights to a third person.

Children need a legal guardian when their natural parents become incapacitated. Illness, addiction, incarceration, or other reasons can prevent parents from being able to care for their child.

Family courts and probate courts have jurisdiction over guardianship of children.

To become a legal guardian, the following steps must be taken:

Find the correct court. Determine the proper venue and jurisdiction. In other words, find the court that has decision-making power according to where the child is living.
Gather required documents. Collect necessary paperwork for both the child and the proposed guardian.
Submit a petition for guardianship to the court. This formal request for guardianship to the court should explain the need for guardianship. It will provide details about the guardian’s ability to care for the child.
The court must properly serve or give official notice of the guardianship proceedings to the child’s natural parents.
Schedule the guardianship hearing. Know there may be multiple hearings.
Attend the Guardianship court hearings. The court will schedule one or more hearings to determine whether guardianship is in the child’s best interest. The proposed guardian must attend and may need to provide supporting evidence.
The court may appoint a court attorney or legal guardian for the child to report to the court your fitness to be a guardian and the parents’ unfitness to be guardians themselves
Follow the court’s requirements. If the court grants guardianship, it may impose ongoing requirements.

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Family Immigration