Do I Need a Lawyer for Guardianship in Florida?

The Short Answer Depends on Which Court

Florida has two separate court pathways for relatives who need legal authority over a child, and each has completely different rules about attorney representation:

Chapter 751 (Family Court) — No attorney required. If you are filing for temporary or concurrent custody as an extended family member, you are permitted to represent yourself. The court provides approved self-help forms, and many circuit courts run free self-help programs to help pro se filers assemble their paperwork.

Chapter 744 (Probate Court) — Attorney required by law. If you need guardianship of a minor through the probate division — because both parents are deceased or unavailable, or the child has assets exceeding $15,000 — Florida Probate Rule 5.030(a) requires representation by a licensed Florida attorney unless you are yourself a Florida attorney. Pro se self-representation is not permitted in a Chapter 744 minor guardianship case.

How to Tell Which Pathway You Need

For most grandparents and relatives raising a child, the answer is Chapter 751. You file in family court, you can represent yourself, and you get a court order granting you temporary or concurrent custody.

Chapter 744 comes into play in narrower circumstances:

• Both biological parents are deceased
• Both parents are permanently incapacitated and no custody order exists
• The child is receiving or about to receive an inheritance or settlement exceeding $15,000

If at least one parent is alive and legally available — even if they are uncooperative or have substance abuse issues — your case almost certainly belongs in family court under Chapter 751, where self-representation is allowed.

When a Lawyer Helps Even If One Is Not Required

You are legally permitted to handle a Chapter 751 case yourself, but that does not mean doing so is always the best choice. Consider hiring a family law attorney if:

• A parent is actively contesting custody. You will need to prove by clear and convincing evidence that the parent is unfit due to abuse, abandonment, or neglect. Building and presenting that evidentiary case is significantly harder without legal training.
• The case involves multiple jurisdictions. If the child recently moved from another state, UCCJEA rules may create jurisdictional complications that benefit from professional guidance.
• A dependency case is already open. If DCF is involved, the juvenile court retains priority jurisdiction, and the intersection between Chapter 39 and Chapter 751 can be difficult to navigate alone.

For an uncontested case where both parents agree — or where one parent is simply absent — many relatives successfully handle the filing themselves using the court's approved forms and instructions.

Free and Low-Cost Legal Help

If Chapter 744 applies to your case but you cannot afford a private attorney:

• FloridaLawHelp.org maintains a directory of legal aid organizations in every judicial circuit that provide free representation to qualifying low-income families
• Local bar association pro bono panels accept guardianship referrals in most Florida counties
• Law school clinics at University of Florida, Florida State, and University of Miami often handle minor guardianship cases under faculty supervision

Even in Chapter 751 cases where representation is optional, many legal aid organizations offer free brief advice clinics where a family lawyer reviews your paperwork and answers questions before you file.

Our Guardianship and Custody for Grandparents and Relatives in Florida guide includes the complete court route decision flowchart — so you know before you start whether your situation calls for family court, probate court, or a different approach entirely.

See more Florida guides →