Guardianship Information by State

Establishing guardianship (or in some states, custody) is recommended when a refugee family is caring for non-biological children under 18. The following searchable directory provides basic information about the guardianship procedures in each state. This information has been collected from communicating with clerks of courts, legal aid attorneys, and refugee resettlement staff as well as from court Web sites and publications for relative caregivers.

Seeking Guardianship of a U.S. Born Child? Although BRYCS guardianship resources are created for refugee families specifically, if you are seeking guardianship of a U.S. born child, you may still find this directory helpful, but you will most likely need to contact a lawyer within your state. You may also want to contact The Grandfamilies State Law and Policy Resource Center, which serves as a national legal resource in support of grandfamilies within and outside the child welfare system.

To consult on a case or to provide feedback on any of the following information, please contact BRYCS at 1-888-572-6500 or info@brycs.org.

Select a state in the form below to see information on that state:

AK – Alaska

Terminology: Guardianship
Court: Probate Court
Web Site: http://www.courts.alaska.gov/
Link to Forms: http://www.courts.alaska.gov/guardianship.htm
Resources: All of the forms, instructions, and a video are here.
Notes: N/A

AL – Alabama

Terminology: Guardianship
Court: Probate Court or Juvenile Court depending on circumstances
Web Site: http://www.alacourt.gov/
Link to Forms: The forms are not available online and in some counties, they are not available at the courts either. An attorney must put together a petition.
Resources: Alabama GrandFacts
Notes: In Montgomery County, a caregiver should petition for guardianship in probate court only if the child’s parents are dead or their rights have been terminated. Otherwise, the case must go through Juvenile Court.

AR – Arkansas

Terminology: Guardianship
Court: Circuit Court, Juvenile Department
Web Site: https://courts.arkansas.gov/circuitcourt/index.cfm
Link to Forms: http://www.arlegalservices.org/minorguardianship
Resources: All the info one needs is here. The packet for a minor takes you to LawHelp Interactive where they walk you through the forms. It includes an online tutorial.
Notes: N/A

AZ – Arizona

Terminology: Guardianship
Court: Superior Court
Web Site: http://www.supreme.state.az.us/location/
Link to Forms: Each county Superior Court has their own forms, which can usually be downloaded from the county Web site.
Resources: AZ Law Help
Notes: N/A

CA – California

Terminology: Guardianship
Court: Probate Court
Web Site: http://www.courts.ca.gov/superiorcourts.htm
Link to Forms: http://www.courts.ca.gov/selfhelp-guardianship.htm
Resources: Guardianship in California; Are You Ready to Become a Guardian? (In multiple languages)
Notes: N/A

CO – Colorado

Terminology: Guardianship
Court: Probate Court
Web Site: www.courts.state.co.us
Link to Forms: http://www.courts.state.co.us/Forms/Index.cfm
Resources: Colorado Kinship Care Resource Guide
Notes: N/A

CT – Connecticut

Terminology: Guardianship
Court: Probate Court
Web Site: http://www.ctprobate.gov
Link to Forms: http://www.jud.ct.gov/webforms/
Resources: Guidelines for Guardianships of Minors; Kinship Caregivers
Notes: N/A

DC – District of Columbia

Terminology: Custody
Court: Superior Court, Family Division
Web Site: http://www.dccourts.gov/internet/superior/org_family/main.jsf
Link to Forms: