What is the procedure for legal guardianship of a minor child?

Asked on August 24, 2011 Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to be appointed as a guardian of a minor child or an incapacitated person (eldery, medically incapacitated) you need to fill out an application for appointment by the court. Generally these applications ask for your qualifications (relationship, etc., to the minor) and the reasons that you need to be appointed as the legal guardian (parents are natural guardians of their children but do need to be appointed in limited situations)  plus a filing fee and other court costs (sometimes for a medical exam or a psychological screening).  You will have to appear before a Judge for the hearing on the appointment.  It may be a good idea for you to consult with an attorney in your area on the matter.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.