General Overview:
A parent or person can request that the court grant them guardianship of a child when there is concern that one or both parents are unable to care for the child. A judge may decide that a parent is unable to care for their child if the parent:
- dies
- abandons or neglects the child
- is in military service and abroad
- was deported but the child remains in the U.S.
- is too sick to take care of the child and cannot make decisions for the child anymore
A court appointed guardian for a child has the same power to make decisions for the child as a parent would. The guardianship will typically last until the child is 18 or 21 years old, depending on the circ*mstances of the case and which court granted guardianship, Surrogate Court or Family Court.
To obtain guardianship of a child, a person must file a petition in court. A petition is a legal form that allows a person to ask the court for something. Any person 18 years old or older can file a petition in court to become a guardian.
Generally:
- if a child will be receiving money or property (ie. from a person who died, from life insurance, or a personal injury settlement) then the person filing for guardianship should go to Surrogate’s Court.
- if the child will not be receiving money or property, then the person filing for guardianship may go to Surrogate's Court or Family Court.
COURT LOCATOR
and/or
