How do I get a legal guardian?

Getting a guardianship is done through the Superior Court in your county.  If the child is under 12 years old, the proposed guardian can ask the court to be made the child’s guardian. If the child is 12 or older, the child can ask the court to appoint a guardian.

To get a guardian, a child over age 12 or the proposed guardian fills out the court’s forms.  The forms need to be filed in court and copies need to be provided to parents (or person who has legal custody of the child) and sent via mail to grandparents and any sibling over the age of 12.  Parents need to either consent to the guardianship or be provided a special notice if they do not consent. There will be a home investigation conducted of the proposed guardian’s home and a background check of the proposed guardian and any adult over the age of 18 living in the home.  The court then holds a hearing.  At the hearing, the judge will decide if the guardianship is in the child’s best interest.