How to File for Guardianship in Colorado: Step-by-Step Process

Before You File: Check for Existing Court Cases

Before preparing any forms, search Colorado court records for existing divorce, custody, or dependency-and-neglect (D&N) cases involving the child. If an active domestic-relations or juvenile case exists, you may need to file within that case rather than starting a new guardianship proceeding.

Also confirm the correct county. You file in the district court's probate division in the county where the child lives or is present. Denver County is the exception — minor guardianship cases go through the Denver Probate Court, not the general district court.

Step 1: Prepare the Petition Packet

Gather and complete these forms:

• JDF 824 — Petition for Appointment of Guardian for Minor (the core petition)
• JDF 705 — Probate Case Information Sheet
• JDF 805 — Acceptance of Office, signed by the proposed guardian, with any required attachments: a CBI name-based criminal history check, a current credit report, and a copy of your government-issued photo ID. A parent who lives with the child is exempt from the criminal-history and credit-report requirements.
• JDF 825 — Consent of Parent (one per consenting parent)
• JDF 826 — Consent or Nomination of Minor (required if the child is 12 or older)
• JDF 1350 or JDF 1351 — ICWA forms based on whether the child has Native American heritage

Prepare your proposed orders as well: JDF 827 (Order Appointing Guardian) and JDF 830 (Letters of Guardianship, caption filled in). If you are also requesting temporary or emergency relief, include JDF 828 or JDF 829.

Step 2: Pay the Filing Fee or Request a Waiver

The filing fee for a minor guardianship petition is $229. Filing petitions for multiple siblings on the same day costs one $229 fee total, but each child needs a separate petition.

If you cannot afford the fee, submit JDF 205 (Motion to Waive Fees) and JDF 206 (Order re Court Fees). The court may ask for proof of income, assets, or expenses before deciding your motion.

The current Judicial Branch instructions direct guardianship filers to take their forms to the courthouse clerk to file the case.

Step 3: Serve Notice on All Parties

Once the court sets a hearing date, you must provide notice to all interested parties at least 14 days before the hearing.

Parents and interested persons receive JDF 806 (Notice of Hearing to Interested Persons) with a copy of the petition, mailed or hand-delivered at least 14 days before the hearing.

A minor aged 12 or older who is not the petitioner must be personally served with JDF 807 (Notice of Hearing to Respondent) and the petition by a sheriff's deputy or private process server. Signing JDF 826 does not substitute for personal service.

If an interested person's address is unknown: Conduct a reasonable search. Then file JDF 714 (Affidavit Regarding Due Diligence and Proof of Publication) and publish JDF 716 (Notice of Hearing by Publication) in a newspaper of general circulation in the county once weekly for three consecutive weeks, with the last publication at least 14 days before the hearing.

Incarcerated parents receive the same JDF 806 notice by mail or hand-delivery; check the facility's rules for sending or delivering it.

File all proofs of service with the court clerk at or before the hearing.

Step 4: Attend the Hearing

Bring government photo ID, original or certified birth certificates, death certificates if applicable, copies of all filed forms, and your proposed orders (JDF 827, JDF 830). Many districts allow remote attendance via video, but confirm your court's procedure in advance.

The judge will verify proper notice, confirm the statutory basis for guardianship, and assess whether the appointment serves the child's best interest. In an uncontested case with parent consent, the hearing is typically brief. In a contested case, expect testimony and cross-examination.

If the judge approves the guardianship, they sign JDF 827. JDF 705 should already be in the case file; after you file JDF 800 (Acknowledgment of Responsibilities), ask the clerk how to obtain the official Letters of Guardianship (JDF 830).

Step 5: After the Hearing

Request certified copies of the Letters of Guardianship from the clerk — you will need them for schools, doctors, insurance, and benefits applications.

Within 30 days of your appointment, deliver JDF 812 (Notice of Appointment) to the child (if 12 or older), the parents, and other interested persons listed in the order.

Then each year, file JDF 834 (Annual Guardian's Report) — typically on the child's birthday — detailing the child's living situation, health, education, and well-being.

The Full Roadmap

The Colorado Guardianship and Custody Court Process Guide takes this process deeper — with detailed instructions for each form, hearing preparation checklists, and printable planning worksheets to keep your case organized from start to finish.

See more Colorado guides →