Filing for Guardianship in New York

Who Can File for Guardianship of a Minor in New York

Grandparents, other relatives, and non-relative caregivers may petition for guardianship of a minor in New York. The court evaluates the relationship to the child and the facts supporting the petition when considering standing and fitness.

The petitioner must show that a guardianship order serves the child's best interests and, when a living parent opposes, that extraordinary circumstances justify overriding the parent's constitutional right to custody. More on that standard below.

Choosing Your Court: Family Court vs. Surrogate's Court

New York has two courts that handle minor guardianship under overlapping jurisdiction:

Family Court handles guardianship of the person under FCA Section 661 and uses the statewide forms (including Form 6-1). There is no filing fee. Family Court and Surrogate's Court share jurisdiction over minor guardianship of the person. Family Court also hears nonparent custody petitions under FCA Article 6.

Surrogate's Court handles guardianship under SCPA Article 17. The filing fee for guardianship of the person is $20 under SCPA Section 2402. Surrogate's Court is the primary venue when the child has inherited money or property requiring a guardian of the property, with fees scaled to the estate's value.

If the child has no significant assets and there is no pending estate matter, Family Court is usually the simpler and cheaper option.

The Forms You Need

For a Family Court guardianship petition:

• Form 6-1 — Petition for Appointment as Guardian of a Person or Permanent Guardian (revised April 2025)
• Form 6-2 — Oath and Designation of guardian
• Form 6-3 — Consent or Preference (if applicable)
• Form 6-4 — Waiver of Process and Renunciation (if a parent consents)
• OCFS-3909 — Statewide Central Register database check authorization

All forms are available free from nycourts.gov. For Surrogate's Court, the equivalent forms are the G-series (G-1 through G-3) and the CSMD forms for standby guardianship.

Filing Step by Step

1. Gather your documents — Child's birth certificate (certified copy), death certificates if a parent is deceased, any existing court orders, proof the child lives with you (school records, medical records, utility bills).

2. Complete the forms — Fill out Form 6-1 with the child's information, both parents' names and last-known addresses, and the factual basis for the petition. The clerk's office can help if you are filing without a lawyer.

3. File at the courthouse — Submit the completed forms to the Family Court clerk in the county where the child resides or is domiciled. The clerk must process and docket the filing before it is official; the court provides a first return date.

4. Serve the parents — Each parent entitled to notice must be served with the petition and summons unless the court accepts a waiver and consent. A person over 18 who is not a party delivers the papers and files a notarized affidavit of service. If a parent cannot be found, ask the court for permission to use an alternative service method.

5. Complete background checks — Screening includes a Statewide Central Register (SCR) clearance and DCJS fingerprinting for you and every adult in your household over 18.

6. Attend the hearing — The court may appoint an Attorney for the Child. If both parents consent, the hearing may be brief. If a parent objects, a full fact-finding hearing follows.

7. Receive the order — If the petition is granted, the court issues a guardianship order. In Surrogate's Court, you also receive Letters of Guardianship.

Requirements the Court Evaluates

The judge assesses fitness, not just willingness. Key factors include:

• Background screening results, including any indicated SCR report or criminal history, which the court reviews as part of its child-safety and fitness assessment
• Stable housing appropriate for the child
• The ability to meet the child's physical, emotional, and educational needs
• The child's wishes, depending on age and maturity
• Any existing relationship with the child

When a parent objects, the petitioner must first establish extraordinary circumstances — parental unfitness, abandonment, neglect, or an extended disruption of custody — before the judge even reaches the best-interests analysis.

What Guardianship Gives You

A guardianship of the person grants authority over the child's daily care, education, and medical decisions. It does not terminate parental rights — the parents retain the right to seek visitation, petition for modification, and are still obligated to pay child support.

The Court Process Guide covers each step in detail, including the specific forms for each court, the hearing process, emergency and temporary orders, and post-order responsibilities like obtaining certified Letters of Guardianship for school and medical providers.

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