Arizona Guardianship Hearing: What to Expect and How to Prepare

Before the Hearing

By the time your hearing date arrives, the court should already have:

• Your filed petition, A.R.S. § 14-5106 affidavit, and all supporting documents
• Proof of service showing every required person received notice (parents, the child if 14+, anyone who's had principal care of the child in the last 60 days)
• Your Rule 38 training certificate, if required; for a permanent appointment it must be filed before the Clerk issues Letters, and a temporary appointee must complete it within 30 days or before the appointment becomes permanent
• Fingerprint background check results (if you're unrelated to the child)
• Parental consent forms (for an uncontested case)

If anything is missing, the judge may continue the hearing to a later date. Check with the Clerk's office a week before to confirm your file is complete.

What to Bring

Pack a folder with:

• Photo ID for yourself
• The child's birth certificate
• Copies of all filed documents — don't rely on the court file alone
• Proof of the child's current living situation — school enrollment records, medical records, utility bills or lease showing the child lives with you
• The proposed Order Appointing Guardian and Letters of Guardianship — some counties require you to bring clean copies for the judge's signature

If any parent is appearing in support, they should bring their own photo ID. If a parent signed consent but isn't attending, make sure the signed consent and waiver of notice are already in the court file.

The Uncontested Hearing

Most kinship guardianship hearings where the parents consent are brief — often 15 to 30 minutes.

The judge will typically:

1. Confirm jurisdiction — verify the child lives in the county and Arizona has authority under the UCCJEA
2. Check the statutory appointment ground — each living parent must consent after being fully informed, the parental rights of the living parents must have been terminated, or the child must be at least 16, have no open Title 8 dependency case, and have no parent willing or able to exercise the guardian's powers and duties. Notice is a separate requirement.
3. Verify your qualifications — check the § 14-5106 affidavit (criminal history disclosure), confirm you completed fiduciary training, and review background check results if applicable
4. Ask about the child's situation — where the child lives, how long they've been in your care, why the parents can't provide care right now
5. Ask about the child's welfare — school enrollment status, medical needs, any special services
6. Check the child's wishes — if the child is 14 or older, the judge may ask directly whether they agree to the guardianship

After reviewing everything, the judge signs the Order Appointing Guardian. You then sign the Acceptance of Appointment, and the Clerk issues certified Letters of Guardianship — usually the same day or within a few business days.

If a Parent Objects

When a parent objects, the matter becomes contested and the court follows contested-proceeding procedures. The requested appointment must still satisfy A.R.S. § 14-5204:

• The court must address the objection under its contested-proceeding rules
• The court may set additional hearings and orders while the dispute is resolved
• Both sides will likely need to present witnesses and evidence at a later evidentiary hearing
• The judge may advise self-represented parties to seek legal counsel

If you anticipate an objection, come prepared with documentation supporting your case — but understand that the first hearing will be about scheduling, not a full trial.

In-Person vs. Remote Hearings

Depending on the county and current court procedures:

• Maricopa County — hearings may be in person or via Microsoft Teams
• Pima County and rural counties — check with the Clerk about remote attendance options
• Interpreter services — request through the Clerk's office in advance if needed

For remote hearings, test your connection beforehand. Courts take virtual hearings seriously — dress appropriately and find a quiet space.

After the Judge Signs

With your certified Letters of Guardianship in hand, you have the legal authority to:

• Enroll the child in school
• Consent to medical treatment
• Access the child's records
• Apply for benefits on the child's behalf

Take certified copies to every institution that needs proof — the school, the pediatrician, the benefits office. Keep the originals in a safe place.

Check the appointment order and your county's instructions for annual reports. Pima County requires a report each year by the anniversary date; Maricopa County says it no longer requires annual reports from Title 14 guardians.

The Arizona guardianship and custody guide includes a hearing preparation checklist and a template for organizing the documents the judge will expect to see.

See more Arizona guides →