- 1). Determine what type of guardianship is needed for the child. There are four types of legal guardians in the state of New York: legal guardian of a person; legal guardian of property; legal guardian ad litem; and standby guardian. Each guardianship functions differently under New York law.
- 2). Choose the right court to handle the guardianship filing. New York state guardianship cases are handled in family court and in surrogate court. If the child needs both physical and property guardianship, the filing must be done in surrogate court.
- 3). Locate the appropriate court in the child's county of residence. New York state requires that a guardianship petition be filed in the county where the child lives, not the county where the adult lives.
- 4). File a Petition for Appointment of a Guardianship with the court. The petition must include information as to why the guardianship is needed and must be notarized. After filing, a court hearing will be scheduled.
- 5). Notify the child's parents that the petition has been filed. If the parents are deceased, the person the child is currently living with must be notified. The notification must include the court hearing date, time and location.
- 6). Obtain consent from the child if the child is 14 or older. The judge takes into consideration the wishes of the child and the child's parents before appointing a guardian. The child is allowed to appear at all court hearings and defend his or her rights.
- 7). Attend the court hearing. Witnesses can be called to support the petitioner's guardianship request. New York guardianship cases are decided by a judge. The judge allows testimony from the child, parents and other relatives to best determine who should have guardianship of the child.
- 8). Present necessary documents at the hearing. Required documents include: the child's original birth certificate; proof of U.S. citizenship; written permission of the child if the child is 14 or older; written permission of both parents if they are alive; a death certificate for each parent who is deceased; and proof of residence for the child.
- 9). Wait for a letter of appointment by the judge deciding the case. A person does not become a legal guardian until the letter of appointment is issued stating the type of guardianship granted.
previous post