Guardianship of Minor

questions & answers

Question: My daughter is 16 years old & is mentally handicapped. I want to get guardianship. What do I need to do first?

Answer:

Your answer may depend on the specifics of your situation. If the child is your daughter then you are presumed to have guardianship over your child until they reach the age of majority at 18.  If you are divorced and do not have any custody rights over your child than you will need to begin a custody proceeding.  If you are the father of the child and the child was born out of wedlock you may first have to prove your paternity of the child if it has not already been established. 

If you live in Maricopa County the forms for guardianship can be found here. If you are not in Maricopa then search your county's website, most courts offer their forms online.

To find more information about custody and paternity issues please visit the Family and Children section of this website. Since Family Law issues can be very fact specific and sometimes quite complicated, you may want to contact an attorney for specific legal advice. See our article on Where to Find an Attorney for Specific Legal Advice.