How To Get Legal Guardianship of a Child in New York City

Guardianship is a legal arrangement in which a court gives one person the right to make decisions for another who cannot make decisions for themselves. New York has guardianship of adults and guardianship of children. This page explains how to get legal guardianship of a child: when it is needed, who may petition, which court hears the case, and what has to be filed. For the adult process, see our guardianship practice page.

When Child Guardianship May Be Necessary

As a general rule, a child’s biological parents are the child’s natural guardians by default. A guardianship becomes necessary when the parents have died, have abandoned or neglected the child, are in military service abroad, have been deported while the child remains in the United States, or are too sick to care for the child and can no longer make decisions for the child. For this purpose, New York treats as a child a person 20 years old or younger who is not married and not in military service.

Who Can File the Petition for Child Guardianship

A guardian is appointed on a petition. The petition may be filed by an adult relative or family friend, by a child-protective agency, by the child if the child is 14 or older, or by the public administrator.

Where to File the Petition for Child Guardianship

Either the Surrogate’s Court or the Family Court will have jurisdiction, depending on the circumstances. The petition goes to the Surrogate’s Court if the child has inherited or will be awarded assets, or if the child is 18 or older and has intellectual or developmental disabilities. The petition goes to the Family Court if all three of the following are true: the child has not inherited or been awarded assets, one or both parents are unable to care for the child, and the child is 20 or younger, not married and not in military service.

Types of Guardianship in New York

New York recognizes four types of guardianship. A guardian of the person is responsible for the personal care, medical decisions, housing, food and other daily needs of the person under guardianship. A guardian of the property manages that person’s finances, assets, income and expenses. A guardian of the person and property is responsible for both the child’s personal care and the child’s assets. A guardian ad litem is different: a judge assigns one to act for a person during a court case when that person cannot defend their rights or protect their own interests.

Filing for Guardianship in New York

The first step is to file a petition with the appropriate court, Surrogate’s or Family, together with the supporting documents. Those usually include the child’s birth certificate, a parent’s death certificate where a parent has died, and a renunciation or consent to the guardianship completed by the parents. If the petition is filed in the Surrogate’s Court, additional papers may be required: a Combined Oath and Designation, a Joinder and Statement of Preference of Infant 14 Years and Over, a Waiver of Process, Renunciation and Consent to Renunciation from each interested party (for example the second parent, a sibling or a grandparent), an Affidavit of the Proposed Guardian of the Person, and an Affidavit of the Parent.

If an interested party does not sign a renunciation or consent, the court may issue a citation notifying that party of the petition and requiring them to appear.

The judge then holds a hearing to decide whether to appoint a guardian. The petitioner presents evidence showing why the child needs one. The judge announces the decision at the end of the hearing or, where a written decision is issued, at a later date.

Getting Help

Filing for guardianship of a child can be complicated, especially when the child is set to receive assets, and a mistake in the papers can delay the appointment. If you need representation, we at the Law Offices of Albert Goodwin can help; our office is in Midtown Manhattan. Call us at 212-233-1233 or email [email protected].