How to Obtain Guardianship of Children After the Death of a Non-Relative
- 1). Draft a petition for guardianship. You can obtain a blank copy of the Petition for Guardianship of a Minor from your local courthouse. While the form varies from state to state, you will need to enter the information about the child, any living biological parents and the current custodial arrangement on the petition. You may have to input information on where the child has lived for the preceding five years and list a full procedural history from how many previous cases have been heard over the child to your participation in previous custody petitions.
Finally, you will enter the reason for your request. For example, if the child's current guardian was living with a non-relative individual who was providing a majority, or all, of the support the child currently receives, and that non-relative's death has left the current guardian with no means to properly provide for the child, state this in your petition, You want to explain to the court how the current custodial arrangement is not meeting the safety and welfare needs of the child. - 2). File your petition in the family or chancery court where any of the previous family cases regarding the child were heard, or where the child currently resides (if the child has moved). Once you pay the filing fees, which can range from $25 to $200 (for instance, in Alaska there is a $75 filing fee unless you are indigent), you will receive a stamped copy of the order. Provide a copy of your petition to the parents, and any guardian or custodian that may be appointed for the child.
- 3). Appear for hearing on your petition. After all parties receive a copy of the petition, they will have an opportunity to respond or prepare their case. If you cannot come to an agreement with the other parties, the court will hold a hearing where you will be able to present your case and present any witnesses you believe are helpful to the case. If the child's age is 12 or older, the court may take his or her desires into account in making a guardianship determination.
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