Introduction to Minor Guardianship

What is minor guardianship?

Minor guardianship is a court process that lets someone take care of a child who is a therapist, like a parent.

The court can appoint a guardian under, a few circumstances listed here.

• If the parents that agree to the guardianship
• If their parental rights are terminated in any way.
• If the court finds it necessary, for reasons found the statute

Emergency minor guardianship

The main difference between a minor guardianship and an emergency guardianship is that minor guardianship lasts until the minor turns 18. The guardianship also ends if the minor is adopted, emancipates or dies. Someone could petition for the minor guardianship to end.

General flow of seeking Minor guardianship

Step 1 – completing initial forms

Step 2 – making copies of these forms.

Step 3 – file the originals

Step 4 – scheduled hearings

Step 5 – give notice/service of process

Step 6 – Go to hearings

Forms for emergency guardianship order

1. The petition
2. Personal information form
3. Forms related to criminal history and CTF background type information
4. Motion and order so that the Department of Children Youth and Families PC releases CTF information.
5. The two forms related to notice

Seeking Immediate Orders

If you were seeking immediate orders, you fill out all the forms will sit there before us for immediate motion before you make copies and file the originals with the clerk’s.

Motion to withhold certain documents from the minor

It is possible that the declaration or any other forms mention could contain information that could hurt the child, some information doesn’t have to reach them. The court works to prevent service of those documents to the child.

Who needs to be served?

Serving an official court way of letting somebody know that a case is happening.

A few people need to be served in a guardianship case.

1. If the minor is 12 or older,
2. Their parents/next of kin
3. Current guardian or somebody with non-parental custody.
4. Whoever the court says

60 Day Hearing Checklist

At your 60 day hearing the court will look at whether the case basically ready to move forward. So it lists out all these steps that happen before the guardianship can move forward. If those steps aren’t complete, or if you don’t actually complete the checklist, there’s a good chance to punt the case down the road until this is ready. The checklist includes; Court visitor/intermediary present or the Guardian Ad Litem.

Outcomes

• The case could be won by default – means that none of the other parties stepped in or intervened.
• Everybody agrees and it’s just finalized.
• The commissioner could set the case to go to trial
• Finalized in an additional ex parte hearing.

Service of process

Someone age 18 or older besides you must hand deliver the papers to the other party, or to someone old enough living at their home. The person who delivers the papers is your ‘server’. This person completes ‘Proof of Personal Service’ and files it with the clerks.