How to Apply for Guardianship of a Child

Applying for guardianship of a child can be a drawn-out and difficult process. Your request must go through a family court and all of the requirements of the court must be met prior to a judge awarding guardianship of a minor. Be prepared to visit the courthouse numerous times to finalize the guardianship of a child.

1. Hire an attorney to represent you in the child guardianship process. There are a variety of factors that differ by state so it is best to hire an attorney experienced in child guardianship laws in the state where you plan to petition the court.


2. Expect a home study to be performed. A home study is when a licensed social worker comes to visit the home of the person petitioning for guardianship to ensure that it is a fit residence for the child to live.


3. Make sure that you rectify any problems within the home that the social worker finds, if any, prior to going to court. You will want to have proof that any problems within the home study have been resolved to give to the judge overseeing the child guardianship case.


4. Have the attorney draft a petition for guardianship and submit this request to the local courthouse on your behalf. An attorney will ensure that all of the necessary paperwork is filled out correctly prior to submitting the request for a hearing to the courts.


5. Ensure that a copy of the petition that is given to the courts is also officially served to any other involved parties such as the current guardian or other parent of the child in question.


6. Go to the court date that is set with the attorney that has been hired to handle the case. The attorney should have all of the documentation that will be requested in regards to the case. It is up to the ruling judge if the request for guardianship will be approved or denied.