Arizona Guardianship Consent of Parent Form: What to Know

Getting a parent's signature on a consent form is often the difference between a straightforward guardianship case that wraps up in four to six weeks and a contested battle that drags on for months. Understanding exactly what the consent form requires — and what your options are when a parent will not sign — keeps you from wasting time on approaches that will not work.

What the Consent Form Is

In Maricopa County, Form JG13f is a sworn legal document in which a parent:

1. Agrees to the appointment of a specific person as guardian of their child
2. Waives the right to formal service of the hearing notice

In Maricopa County, this is Form JG13f within the JG1 guardianship packet (JG1z is the full packet designation). Other counties use their own form numbers, but the content is substantially identical statewide: the parent identifies themselves, identifies the child, names the proposed guardian, and affirms that they consent voluntarily and understand the legal effect.

Consent alone satisfies the statutory threshold under A.R.S. § 14-5204(A)(1) — after each living parent has been fully informed, each must consent. The court can appoint a guardian under this condition without a finding of parental unfitness, but it still independently evaluates whether the appointment serves the child's best interests.

Both Parents Must Be Addressed

If the child has two legal parents, you need consent or a plan for both. One parent's consent plus silence from the other is not enough under A.R.S. § 14-5204. The court still needs each living parent's informed consent, termination of the living parents' rights, or — if the minor is at least 16 and has no open dependency case — evidence that no parent is willing or able to exercise guardian powers.

For unmarried parents, the father must have established paternity — through a voluntary acknowledgment, a court order, or a statutory presumption such as a birth certificate signed by both parents — to be a legal parent entitled to notice. If paternity was never established, consult the court self-help center about whether notice to the biological father is still required in your county.

What the Parent Is and Is Not Giving Up

Signing a consent to guardianship is not the same as relinquishing parental rights. The guardian receives the powers and responsibilities of a custodial parent under A.R.S. § 14-5209; the guardianship does not itself terminate the parent's rights. The parent retains the right to petition the court to modify or terminate the guardianship later, and remains financially responsible for child support unless specifically excused by court order.

This distinction matters when a parent hesitates to sign. Many parents fear that signing consent means permanently losing their child. Explaining that guardianship preserves their parental status and that they can seek modification when circumstances change may make the difference.

When a Parent Refuses to Sign

If a parent will not consent, you have two paths forward:

Proceed with formal service and let the court decide. Serve the non-consenting parent with notice of the hearing. If they appear and object, the case becomes contested — the court will set a pre-trial conference and eventually hold an evidentiary hearing. If they are served, do not appear, and do not file a response, the hearing may proceed, but nonappearance alone does not satisfy A.R.S. § 14-5204's conditions for appointment.

File under a different statutory basis. Instead of relying on parental consent under A.R.S. § 14-5204(A)(1), you can petition based on other grounds: that parental custody rights have been terminated by prior order, or (for a minor at least 16 with no open dependency case) that no parent is willing or able to exercise guardianship powers. For contested custody disputes, a Title 25 non-parent legal decision-making petition under A.R.S. § 25-409 may be more appropriate — but it requires proof of in loco parentis standing and significant detriment.

Getting the Consent Sworn or Affirmed

In Maricopa County, Form JG13f must be signed under oath or affirmation before a notary public or Deputy Clerk. Check your county's current form for its signing requirements. Arizona notaries are available at banks, UPS stores, shipping centers, and many county courthouses. Some self-help centers can direct you to free notary services for low-income filers.

If the parent is incarcerated, the correctional facility can arrange for a notary or the parent can sign the consent under oath with a correctional officer as witness, depending on the facility's procedures. Contact the facility's inmate services department to arrange it.

The Arizona Guardianship and Custody Court Process Guide covers every scenario — consenting parent, absent parent, incarcerated parent, parent who refuses — with the specific forms and service steps for each, organized by county.

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