Guardianship of a Child: At a Glance
Welcome to our Guardianship Resources and FAQ page. If you have questions about guardianship, you are in the right place. This page provides general information to help you understand the process.
- Family Court handles guardianship cases involving children under age 21.
- A guardian is a person or agency the court authorizes to care for a child.
- Guardianship may be temporary or planned for the future.
- The court may appoint a standby guardian to take over care at a later time, such as when a parent’s health is declining.
- Guardianship gives a non-parent broad authority, but it is not permanent and is short of adoption.
- Guardianship usually ends when the child turns 18, unless the child agrees to continue it, and it cannot last beyond age 21, marriage, or death.
- A guardian may make decisions about medical care, education, mental-health services, military enlistment, and access to records.
- Guardianship cases may be handled in Family Court, Surrogate’s Court, or Supreme Court depending on the type of guardianship requested.
Guardianship involving a minor’s property or money from an inheritance, or guardianship of an incapacitated adult, is handled by Surrogate’s Court or Supreme Court, not Family Court.
Key Difference at a Glance
- Family Court: Focuses on who cares for the child
- Surrogate’s Court: Focuses on property, money, or both care and property
- Supreme Court: Focuses on guardianship of incapacitated adults
Important to Know
Families should understand the difference between Family Court, Surrogate's Court and Supreme Court so they can file their guardianship case in the correct court.
More information about the different types of guardianship is available on our CourtHelp page.
Resources & Forms
Guardianship (Frequently Asked Questions)
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1. What is a guardian?
#A guardian is a person or an agency to whom the court gives authority to take responsibility for the care of a child. It may be planned for in the future: for example, a standby guardian may be appointed to take responsibility for a child's care at a future date if a parent's illness is worsening and he or she is not expected to be able to continue caring for the child.
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2. Who can file a petition for guardianship?
#An adult family member, a family friend, or a child-protective agency can ask the court to appoint a guardian or standby guardian for a child. If the child is 14 years old or older, the child can also ask the court to appoint an adult to be their guardian or standby guardian.
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3. Where do I file a guardianship?
#The Family Court has similar jurisdiction and authority as the County and Surrogate's Court regarding the guardianship of the person of a minor. In New York State, a person is considered a child if they are 20 years old or younger, not married and not in the military service. Normally, guardianship of the person of a minor is filed in the Family Court. The Surrogate's and/or the County Court has the power over the property of an infant and is authorized and empowered to appoint a guardian of the person, or of the property, or of the person and property.
There are no filing fees in Family Court.
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4. What happens at the hearing?
#In a Family Court guardianship hearing, the court takes testimony concerning the person seeking guardianship to determine whether it would be in the child's best interest to allow that person to take responsibility for the child's care. If the child is over 14 years of age, the court may consider the child's own preference.
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5. What do I need to bring to the Family Court to file a guardianship petition?
#If available, the following documentation should be brought to court:
- Child(ren)'s Birth Certificate
- If the parent(s) is/are deceased, the original Death Certificate.
- If the child(ren) is over 14 years of age and unable to come to court, Form 6-3 Preference of a Minor Over 14 Years of Age. This form should be signed and notarized.
- If the parents are alive and unable to come to court, Form 6-4 Waiver of Process, Renunciation or Consent to Guardianship should be completed by the parent(s). This form should be signed and notarized.
- Proposed Guardian should also bring proof of identification, preferably a picture ID, and proof of residence.