How Do You Get Legal Guardianship of a Minor?


Quick Answer

Get legal guardianship of a child by filing papers in court along with a letter of consent from the minor's parents, according to Find Law. The petition you file should state your interest in obtaining guardianship, and you may need to pay a filing fee.

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Full Answer

Once you have filed the petition, the court usually sets up interviews with you, the child and the child's parents if available, states Find Law. Anyone else who may have an interest in guardianship of the child may also be involved in the process. Some courts may set up a home inspection and a criminal background check of the potential guardian. Courts usually only award guardianship if both parents consent unless only one is available, the parents have abandoned the child or have terminated their parental rights, or a judge finds it in the best interest of the child to remove the child from his current guardians or parents, states Find Law.

Once the court reviews all facts presented, it then makes a determination based on the best interest of the child. After the judge has approved the guardianship petition, he issues an order establishing you as the guardian of the child, explains Find Law.

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