Alabama Guardianship Forms: The Complete Petition Packet for a Minor

Where to Get Alabama Guardianship Forms

Alabama's official court forms are free to download from the Administrative Office of Courts e-Forms portal at eforms.alacourt.gov. You don't need to buy form packets from LegalZoom, US Legal Forms, or any other vendor — the state provides them at no cost.

The tricky part isn't finding the forms. It's knowing which ones your case requires, because Alabama splits guardianship matters between two court systems, and each uses different paperwork.

Probate Court Forms (Title 26 Guardianship)

For a court appointment, § 26-2A-73 applies when no parent has parental rights; a parent may also appoint a guardian under § 26-2A-71 through a will or other writing signed and attested to by two witnesses, subject to the statute's conditions. The court may also appoint a temporary guardian even if all parental rights have not been terminated, for no more than six months. Section 26-2A-75 sets out the court appointment procedure. The core forms include:

Petition for Appointment of Guardian of Minor. This is the main filing. It identifies you (the petitioner), the child, all living parents, anyone who's had primary care of the child in the last 60 days, and the factual basis explaining why the parents' rights are suspended or terminated. The petition must be notarized and verified under oath.

Parental appointment or service waiver. A parent may appoint a guardian for an unmarried minor by will or other writing signed by the parent and attested to by two witnesses under § 26-2A-71. That appointment takes effect only under the statute's listed conditions. For a service waiver in a proceeding governed by Rule 4, a defendant may sign a document waiving service and file it with the clerk; Rule 4(h) does not require notarization. A service waiver is distinct from an appointment or consent to guardianship.

UCCJEA Custody Affidavit. Required under the Uniform Child Custody Jurisdiction and Enforcement Act, this documents the child's residency for the past five years to establish that Alabama has jurisdiction. Include every address where the child has lived.

Proposed Order and Letters of Guardianship. Many counties expect you to submit a proposed order for the judge to sign, along with proposed Letters of Guardianship. Ask the county probate clerk whether they have a template or whether you draft your own.

Juvenile Court Forms (Dependency Custody)

If the child is dependent because of active parental unfitness, neglect, or inability to care for them — and there's no prior suspension of rights — you file a dependency complaint in juvenile court under Alabama Code Title 12, Chapter 15. The key forms:

Form JU-02 (Complaint). The juvenile court complaint form. You'll allege that the child is dependent and explain the circumstances.

Form JU-23 (Child Custody Proceeding Affidavit). This is the juvenile court's UCCJEA form, documenting the child's residence history and any other custody proceedings involving the child.

Form JU-05 (Appearance Agreement). Filed when both parties agree to the terms — used in agreed custody complaints.

All three are available at eforms.alacourt.gov under the Juvenile Forms section.

Fee Waiver Form (Both Courts)

Affidavit of Substantial Hardship (Form C-10). If you can't afford the filing fees, this form requests a fee waiver based on financial hardship. The AOC provides separate versions — C-10-Civil for circuit and probate courts, C-10-Juvenile for juvenile court. Fill out your household income, benefits received (SNAP, SSI, TANF), assets, and monthly expenses.

For a docket-fee hardship request under § 12-19-70, if the court does not make a written finding within 90 days that you can pay without substantial hardship, the hardship is deemed granted. You must then file written notice with the clerk that 90 days have passed; the Administrative Office of Courts lists Form C-10A for this notice. The 90-day rule applies to docket fees, not every filing fee or service cost.

Common Mistakes That Get Filings Rejected

Missing the UCCJEA affidavit is the most frequent rejection reason — courts require it in every custody-related proceeding, and many self-represented filers don't know it exists until the clerk sends their packet back.

Failing to notarize the petition is another common problem. The petition must be signed under oath before a notary public. Banks, UPS stores, and some libraries offer notary services, often for a few dollars.

Filing in the wrong court wastes time and money. A general probate court appointment under § 26-2A-73 requires that no parent have parental rights, although probate court may appoint a temporary guardian even if all parental rights have not been terminated. A parental appointment under § 26-2A-71 is a separate route. If there's an existing circuit court custody order from a divorce, that court retains jurisdiction and neither probate nor juvenile court can override it.

Filing the Packet

Once your forms are complete, file them with the court clerk in the county where the child lives or is physically present. Pay the filing fee (or submit your Form C-10 hardship affidavit). The clerk will assign a case number, set a hearing date, and tell you how to serve notice on the parents and other required parties.

Self-represented filers can use AlaFile, Alabama's electronic filing system, for circuit and some juvenile court filings. Many probate courts still require paper filing — call the clerk's office first to confirm.

Our Alabama Guardianship and Custody Court Process Guide walks through each form field by field, explains which court is right for your situation, and includes a filing preparation checklist so nothing gets missed.

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