Guardianship of a Minor

Guardianship of a Minor

There are two types of guardianships involving minors: "Full" and "Limited."  A Petition for appointment of a "Full" guardian of a minor may be made by a person interested in the welfare of the minor, or the minor themselves. However, a petition for appointment of a "Limited" guardian of a minor must be made by the minor's parent(s). Please review the following information carefully to determine which type of guardianship would best serve your needs. 

​FULL GUARDIANSHIP OF A MINOR

A "Full" Guardian of a minor may be appointed only in three instances:

1. The minor is unmarried and the rights of both parents have been terminated or suspended by any of the following: ​

    • Prior court order 
    • Judgment of Divorce or Separate Maintenance 
    • Death 
    • Mental incompetence as determined by the court  
    • Disappearance
    • Confinement in a place of detention; OR
2. When the parent(s) have permitted the minor to reside with another person, but have not provided that other person with the legal authority for the care and maintenance of the minor; OR 

3. All of the following:
    • The minor’s biological parents have never been married to one anotherAND 
    • The minor’s parent who has custody dies or is missing and the other parent has not been granted legal custody under court order; AND 
    • The person whom the petition asks to be appointed guardian is related to the minor within the fifth degree by marriage, blood or adoption.

LIMITED GUARDIANSHIP OF A MINOR

A "Limited" Guardian of a minor can be done at any time for any reason if ALL of the following exist:

  1. The custodial parent(s) consent to the appointment of a limited guardian; AND

  2. The custodial parent(s) voluntarily agree to suspend parental rights; AND

  3. The Probate Court approves a Limited Guardianship Placement Plan agreed to by both the custodial parent(s) and proposed guardian(s).

FILING INSTRUCTIONS

​I. Fill out the Following Forms
"Full" Minor Guardianship

A. Petition for Appointment of Guardian of Minor (PC 651). **Please indicate the proposed guardian's relationship to the minor.

B. Acceptance of Appointment (PC 571). **Must be signed by the proposed guardian(s)

D. Department of Human Services (DHS) Record clearance check. **Must be completed & signed by the proposed guardian(s)


"Limited" Minor Guardianship

A. Petition for Appointment of Limited Guardian of Minor (PC 650). **Must be completed & signed by the custodial parent(s) and by the minor if over 14 years of age. **Please indicate the proposed guardian's relationship to the minor.

B. Limited Guardianship Placement Plan (PC 652). **Must be completed & signed by the custodial parent(s) and by the proposed guardian(s)

C. Acceptance of Appointment (PC 571). **Must be signed by the proposed guardian(s)

D. Department of Human Services (DHS) Record clearance check. **Must be completed & signed by the proposed guardian(s)

II. Filing of Forms

A. Return to the counter with the $175.00 Filing Fee and completed forms. **The filing fee may be paid by CASH/CHECK/MONEY ORDER/CREDIT CARD

B. Forms will be reviewed by staff.

III. Please Provide Copies of the Following (If Applicable):

A. Minor's Birth Certificate.

B. Current Custodial Papers.

C. Order of Filiation.

D. Affidavit of Parentage.

E. Parent(s) Death Certificate.


ADDITIONAL INFORMATION REGARDING GUARDIANSHIP OF MINORS

The Court can order a parent(s) to pay child support to a Guardian who is raising their child(ren). If there was a previous child support order through another Court, sometimes the Probate Court can simply order support be paid and forward a copy of this Court's order and Letters of Authority to the Friend of the Court for enforcement.

Children residing with legal guardians may be eligible for additional support services from various county or state programs. Please contact any of the following to see if your ward my be entitled to any benefits from the following:
  • Department of Human Services  -  517.548.0200
  • Community Mental Health  -  517.546.4126
  • Social Security Administration  -  800.772.1213
F.A.K.S. is a Foster care Adoption Kinship Support group.  It is located at the Barnard Center at 401 Barnard St. Howell, MI 48843.  It meets the second Tuesday of each month. from 6 p.m. to 8 p.m.  If you have kids a good place to drop them off that is supervised and fun is the Howell Carnegie Library in town.  Contact: