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Guardianship of a Minor Child

This page is about appointing a guardian for a child. It focuses on when everyone agrees on the guardian.

For information about child protection by the juvenile court, see the Child Protective Orders and Child Welfare pages.

 

Types of guardianship

There are different types of guardianship for different situations. If you are looking for information about guardianship for a:

  • Child who is turning 18 soon or who is already an adult and you are their parent, click here.

  • Adult, click here.

  • Child under 18, you are in the right place. Stay on this page and keep reading the information below.

What is Guardianship of a Minor Child?

Guardianship gives an adult who is not the child’s parent the authority to make decisions about the child instead of the child’s parents. Some examples of situations when you might ask the court for guardianship of a child are if you are: 

  • A relative, like a grandparent, who is raising a child and needs to enroll the child in school or take the child to the doctor or sign the child up for health insurance. 

  • A parent who wants to send their child to live with someone else like a relative or a friend for a long period of time (for example to go to school).

The guardian can be any responsible adult who is not the child’s parent. The guardian does not need to be related to the child.

Are you asking for guardianship of your grandchild or another family member? You might want to consider contacting Grandfamilies. They help families by offering support groups and referrals to other resources.

Alternatives to Guardianship

Guardianship through the court is not the only option. Choose the option that will work best for your situation. Here are some other options: 

  • Power of Attorney - A parent can give another adult temporary authority to make decisions for their child with a power of attorney. 

  • Nomination - A parent can nominate someone to be the guardian for their child in the future, if something happens and a guardian is needed. 

  • Conservatorship - This is common for a child who is receiving money or property like an inheritance or settlement. 

  • Juvenile Court Orders - If a child is in danger, contact Child Protective Services.

  • District Court Orders - Custody disputes between a child's parents are heard in divorce or parentage cases in district court. See our web page on child custody.
  • School-Based Guardianship - A local school board can choose an adult in the district to be a child's guardian. Utah Code section 53G-6-303. Contact your local school to ask about this option. 
  • Enrolling a child experiencing homelessness in school - Contact your local school and ask about the McKinney-Vento Act. 42 USC 1143
  • Adoption - Adoption terminates the parents’ rights permanently and gives the rights to the child’s new adoptive parents.

Who are you?

The person asking the judge to appoint a guardian is called the petitioner.

Another person who is interested in the guardianship case (like a parent, or someone else who is caring for the child) is called an interested person.

I want to ask the judge to appoint a guardian. I am the petitioner.
I want to respond to a petition to appoint a guardian. I am the parent or an interested person.

 

How to ask the judge to appoint a guardian

Before you file guardianship papers with the court, make sure that:

  • The child lives or is present in Utah

  • You know where the parents are (if possible) and whether they will agree to the guardianship. If they will not or cannot agree to the guardianship, be sure to gather any documents you need to explain why (see Step 2 below).

Fill out all these required forms: 

You will also need some of these forms (choose the ones that match your situation):

Parent Agrees

  • Parent’s Consent to Appoint Guardian for a Minor Child - The parent fills out this form to agree to the guardianship. PDF Form l Fillable Form

Parent does not agree or cannot be found

  • Petitioner’s Declaration of Suspension of Parental Rights for Guardianship of a Minor Child - The petitioner fills out this form if a parent is unable or unwilling to sign a consent form. Include copies of any other evidence you want to show the judge to explain. PDF l Fillable Form

Parent is deceased

  • A copy of the parent’s death certificate 

Parent’s rights were terminated by a court order

  • A copy of the court order

Child is school age

  • Waiver of Right to Object by School District - If the child is school age, have the school district fill out this form. PDF l Fillable Form

Child is 12 or older

Fill out the forms under “Child is school age” above plus:

  • Declaration for Release of Confidential Information - Fill out this form for the school district. PDF l Fillable Form
  • Certificate from the local police department - Contact the local police department where the child has lived for the past two years for a certificate saying that there are no criminal charges against the child and that the child is not under any criminal investigation. Give a copy to the school district.

Child is 14 or older

Fill out the forms under “Child is school age” and “Child is 12 or older” above plus:

  • Nomination of Guardian by Minor Child - If the child is at least 14 years old, have the child fill out this form to agree to the guardianship. PDF l Fillable Form

There is a filing fee that you pay to the courthouse when you file the papers with the court. If you cannot afford to pay the filing fee, you can also ask for a fee waiver.

When you have all the forms ready, you can file them in the district court in the county where the child lives or is present. See our web page about Filing Procedures for more information about how to file. See the Court Directory to find the information for the district courthouse for the county where you'd like to file. 

After you file the forms, the court will schedule a hearing. The court will send notice of the hearing to:

  • The minor if they are 14 or older;

  • The person who has had the principal care and custody of the minor during the 60 days before the petition was filed;

  • Any living parent of the minor;

  • Any guardian appointed by the will or written instrument of the parent of the minor who died last;

  • The school district the child will attend, if the child is of school age. 

Utah Code Section 75-1-401

The court will send the notice of the hearing, but you must provide the names and addresses to the court in the petition. If you do not have the addresses for a parent or interested person, you can ask the court for alternative service. For information and forms, see the Motion for Alternative Service page.  

At the hearing, the judge will check to make sure that you have all the paperwork, whether all the requirements are met, and see if there are any objections.

  • If there are no objections and if the judge agrees that the guardianship is in the best interest of the child, then the judge can sign the papers to grant the guardianship at the hearing. 

If the judge grants the guardianship, be sure to get at least one court-certified copy of Letters of Guardianship. That is the document you will use to prove that you are the guardian of the child. 

How to respond to a petition to appoint a guardian

If you agree with the guardianship, you can sign a consent form. You can also go to the hearing and let the judge know you agree. 

If you disagree with the guardianship petition, you can object.

Fill out this form and file it with the courthouse. You can file it with the courthouse any time before the hearing. If you don’t get it filed before the hearing, be sure to file it within 7 days after the hearing. 

At the hearing you can tell the judge that you object and that you have filed a written objection.

The next step will be for everyone to exchange their initial disclosures and go to mediation.

See the Initial Disclosures web page for more information about the requirements. 

Code of Judicial Administration Rule 6-506.

If you aren’t able to work out an agreement in mediation, then you may end up needing to go to trial. You can use these forms to ask to go to trial: 

Responsibilities of the Guardian

A guardian of a child has the following duties and responsibilities:

  • All powers of a parent, including the authority to facilitate education, social, other activities and authorize medical or other professional care, treatment, or advice;

  • Provide for the care, comfort, and maintenance of the minor;

  • Consent to marriage if court authorized to do so;

  • Consent to adoption, but only if specifically authorized by the court to give this consent and the parents' rights have not been terminated. Otherwise, if a parent consents to the adoption of the minor child, the guardian must receive notice and has the ability to intervene in the adoption; and

  • Handle financial and legal matters for the benefit of the minor.

  • File reports with the court. See the Reporting Requirements section below for more information. 

A guardian is not liable for the minor's finances and may not use the minor's money for compensation unless the court approves.

Rights and Responsibilities of Parents

The appointment of a guardian does not terminate a parent's rights. The legal parents of the minor retain some rights and responsibilities even if the court has ordered someone else to be the child's guardian.

  • Parents remain responsible for child support

  • Parents retain the right to consent to adoption

  • Parent retain the right to determine the child's religious affiliation

  • Parents retain the right to reasonable parent-time unless restricted by the court.

Utah Code 80-1-102 (70)(a)

Ending a Guardianship

Guardianship of a minor child can be ended in several ways, including:

If the guardian dies or resigns while the child is still a minor, a new guardian must be appointed.

Regardless of the reason a guardianship has ended, the guardian (or someone else, if the guardian has died) must file the required final report with the court. 

Reporting Requirements

The guardian is required to file these reports with the court that made the appointment unless there has been a change of venue. The guardian must also send copies to:

  • the child (if s/he is of an appropriate age and mental capacity to understand the proceedings);

  • the child's conservator (if the court has appointed one other than the guardian);

  • anyone requesting notice under Utah Code Section 75-5-406.

  • all interested parties including the child's parents.

Code of Judicial Administration Rule 6-501.

The guardian may serve the documents by mail, email or hand delivery. If anyone objects to the filing or if the judge has further questions, court staff will schedule a hearing and notify all parties. Code of Judicial Administration Rule 6-501.

A newly-appointed guardian must file with the court an inventory report with the court within 90 days of being appointed. This report must be served on all interested parties. Use these forms:

Each year on the anniversary of being appointed guardian, the guardian must file with the court an annual report on the condition of the minor (annual status report) and the minor's finances (financial accounting report). These reports must be filed within 60 days of the anniversary of appointment and must be served on all interested parties. Use these forms: 

When the guardianship ends for any reason, the guardian must file final reports. Use these forms: 

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