For example, if you are the child's aunt and you are requesting guardianship, and the child has living grandparents and another aunt and uncle, all of those relatives should be sent notice of your petition for guardianship.

Generally speaking, a guardian is someone other than the parent who has custody and control of a child. The court may appoint a guardian ad litem to represent the interests of the child in the court proceeding. A guardianship is granted where neither parent is able to care for the child and the guardianship is in the best interests of the child.

In an emergency situation, such as when one biological parent must go outside the country or has a medical emergency, temporary guardianship can be used.

There are two major ways for a stepparent to gain additional legal rights: adopting the stepchild or becoming the stepchild's legal guardian. For example, if the child is living in an intolerable situation and you want to remove the child from that setting, you probably will have to attach an affidavit to your petition that describes those facts.

In other words, unless one or both of the parent is either endangering the children or has abandoned the children (read: being REALLY bad parents), the courts will not allow a 3rd party to enter into a parent-like role without dual consent of both parents. The order may have been included in the packet of forms you had to file with your petition; if not, the judge may have a staff member draw it up. Please consider making a contribution to wikiHow today. She received her JD from Indiana University Maurer School of Law in 2006. We use cookies to make wikiHow great. Call Peterson Law Group today at 979-703-7014 or 936-337-4681. Every state requires a petition, which is the form you use to ask the court to appoint you guardian of the child. gtag('js', new Date()); ​ In some cases you may wish to seek legal guardianship.

Every day at wikiHow, we work hard to give you access to instructions and information that will help you live a better life, whether it's keeping you safer, healthier, or improving your well-being. With you alive, and the child with you in your home, there is no way to get the court to find that appointing your spouse as guardian is necessary. If you are a stepparent or married to one, speak to a family law attorney about what to do next if you have concerns. He has no legal standing to seek orders regarding your daughter.

Stepparent guardianship?

If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow.