How to Sign Over Guardianship of a Child

By Trudie Longren

Guardians care for a minor child or vulnerable adult and also make decisions about the education and medical care of their wards. Parents who will be unable to make decisions about their child's daily lives may need to sign over guardianship on a temporary or permanent basis. Guardianship must be granted by a judge in the county where the child resides. Decisions about who should be the guardian must be made by the parents or legal guardians of the minor.

Determine what type of guardianship you will sign over. Guardianship arrangements can be permanent or temporary. You must determine whether you will sign over guardianship for a limited or unlimited period.

Choose the guardian. Parents or legal guardians must agree on who the guardian will be. Keep in mind that the guardian is responsible for medical decisions, educational choices and daily activities of the child; therefore, the guardian should be a person who is capable of handling those matters.

File a petition for guardianship with the court, together with the filing fee. The petition should name the guardian and request that the court hand over guardianship to the individual. The petition is available in most states from the clerk of court.

Attend the court hearing. The court will schedule a hearing in which the matter will be discussed. In some states, prior to the hearing, the court will send a worker to verify the ability of the proposed guardian to properly act in the minor child's interest.

Await the decision of the court. The judge will issue a written order giving guardianship to the individual named in the petition.

About the Author

Trudie Longren began writing in 2008 for legal publications, including the "American Journal of Criminal Law." She has served as a classroom teacher and legal writing professor. Longren holds a bachelor's degree in international politics, a Juris Doctor and an LL.M. in human rights. She also speaks Spanish and French.