INSTRUCTIONS: GUARDIANSHIP OF MINOR PACKET

The state of Montana provides a packet with 8 different forms required to establish guardianship.  The forms are listed below:

·  Petition for Appointment of Guardian of a Minor

·  Consent of Parent to Appointment of Guardian of a Minor and Waiver of Parental Rights

·  Minor’s Nomination of Guardian

·  Request of Hearing

·  Order Granting Hearing

·  Notice of Hearing

·  Findings of Fact, Conclusions of Law, and Order Appointing Guardian of Minor

·  Letters of Guardianship

“Guardianship of Minor Packet Step 1”

If both parents are deceased, the second form needs filled out by another immediate family member unless then minor is 14 years or older.  The third form allows the minor to elect the guardian if the election meets the best interests of the minor. 

“Guardianship of Minor Packet Step 2”

In the first section of the petition, the petitioner needs to list their relationship to the child as well as their address. 

“Guardianship of Minor Packet Step 3”

In part 2, provide the age of the minor, the minor’s date of birth, and the current address of the minor. 

“Guardianship of Minor Packet Step 4”

In part 3, list the person who has had custody of the minor for at least the past 60 days and their address. 

“Guardianship of Minor Packet Step 5”

In part 6, circle the appropriate age description.  If you circle option 2, provide the minor’s signed nomination. 

“Guardianship of Minor Packet Step 6”

In parts 7, 8, and 9, provide the information for the mother and father and choose the best option to describe why their parental rights have been suspended or terminated.  Attach the appropriate forms depending on the option you choose. 

“Guardianship of Minor Packet Step 7”

In part 10, provide information for the parties that need notice of the time and place of the hearing.  Only provide information in the sections that apply. 

“Guardianship of Minor Packet Step 8”

In part 11, provide your signature before Notary Public.  After notice is sent to all of the appropriate parties, a hearing will be held to determine if the guardianship meets the child’s best interests.  If the court grants the guardianship, the Letters of Guardianship will be issued and the judge will provide the rights and responsibilities of the guardians and the minor. 

INSTRUCTIONS: PETITION FOR GUARDIANSHIP OF A MINOR (Form 126)

Depending on your case, you may need one of the other following forms:

· Petition for Permanent Guardianship of a Minor 126P

· Petition for Standby Guardianship 126S

The majority of guardianship laws for minors are located in Chapter 23L Guardianship of a Child.  View the chapter at the following link: https://delcode.delaware.gov/title13/c023/index.shtml

“Petition for Guardianship of a Minor Form 126 Step 1”

Check the county where you’re filing the form at the top of the form, and provide all of the information that the forms as for from the petitioner(s), respondent(s), and a Guardian Ad Litem if it applies.  The Clerk of the Family Court will provide file number and petition number. 

“Petition for Guardianship of a Minor Form 126 Step 2”

After providing all of the necessary information for the child, move onto section 1 and provide the full legal names, addresses, and date of births for the mother and father. 

“Petition for Guardianship of a Minor Form 126 Step 3”

Complete section 2 if you do not know the name or address of either parent.  Provide steps you have taken to locate and contact the parents.  If the party’s address is unknown, attach the appropriate affidavit.

“Petition for Guardianship of a Minor Form 126 Step 4”

Complete section 3 if a person or organization holds parental rights of the child.  If the section does not apply, regard section 4 and provide all necessary information for person or organization holding guardianship, care, or control custody.

“Petition for Guardianship of a Minor Form 126 Step 5”

In section 5, provide all of the necessary information for the guardian if the petition is granted.

“Petition for Guardianship of a Minor Form 126 Step 6”

Complete section 6 if the proposed guardian is NOT the petitioner.  Provide the relationship to the children.

“Petition for Guardianship of a Minor Form 126 Step 7”

Check all of the boxes that apply in section 7 and section 8 along with supplementary information if needed.

“Petition for Guardianship of a Minor Form 126 Step 8”

The petitioner(s) needs to sign and date the bottom of the form.  The form needs signed by the Clerk of Court or Notary Public as well.