New Hampshire Guardianship Court Forms and Filing Fees for Minors

The Forms and Fees for Filing Guardianship of a Minor in New Hampshire

When temporary consent instruments — parental delegation letters, temporary agent appointments — aren't enough to get a child into school or a doctor's office, guardianship under RSA 463 is the next step. It's a court process, which means forms, filing fees, and deadlines. Here's what to expect.

Which Court Handles It

Guardianship of a minor's person is filed in the Circuit Court — Family Division in the county where the child resides. If you're seeking guardianship of both the minor's person and estate, jurisdiction is with the Probate Division. Most kinship caregivers seeking consent authority for school and medical decisions need guardianship of the person only.

The Key Court Forms

The New Hampshire Judicial Branch publishes all guardianship forms at courts.nh.gov. The primary form is:

NHJB-2162-FPe — Petition for Guardian of Minor

This petition asks the court to appoint you as guardian over the child. You'll fill in the child's identifying information, your relationship to the child, the names and addresses of the child's parents (or explain why you can't locate them), and the reasons guardianship is in the child's best interest.

Additional forms and notices:

• Criminal Record Release Authorization and DHHS Record Release Authorization forms are required for each proposed guardian and each adult living in the household with the minor. The petition form says the household adults' forms are due within 10 days after filing.
• Notice of hearing: the court sets the hearing and issues orders of notice. RSA 463:6 specifies who receives certified mail and first-class mail; the petitioner pays the certified-mail cost.
• Proposed guardianship order — some courts request a proposed order for the judge to review.
• Military status: the petition form asks whether the child is the child of an activated member of the Armed Services. Separately, if a parent does not appear, the SCRA requires an affidavit stating whether the parent is in military service (or that you could not determine the status) before the court enters a default judgment; it does not require an affidavit simply because a parent serves.

If you need emergency or temporary authority before the full hearing, file the Ex Parte (Emergency) Motion form under RSA 463:7 with the petition. An ex parte order expires after 30 days, subject to the statute's limited extension while required notice is pending.

Filing Fees

The Judicial Branch fee schedule lists the filing fee for a minor-person guardianship petition and certified-mail costs for each person receiving an order of notice. Confirm the exact current amounts with the court clerk before filing, as the fee schedule is updated periodically.

If you cannot afford the filing fee, you may ask the court to reduce or waive it by filing a motion with a statement about your financial situation. For an e-filed case, submit the request through the e-filing system.

The Filing Process, Step by Step

1. Start the case through the Judicial Branch e-filing system (unless the court grants an e-filing exception). For self-represented filers, the Petition for Guardian of Minor form is generated through the e-filing pathway.
2. Have supporting information available — the child's birth certificate if available, your address and relationship to the child, and any existing custody orders or parenting plans. The court's form instructions identify what must be filed.
3. Submit the petition electronically to the Circuit Court Family Division for the county where the child lives, and pay the filing fee or submit the fee-waiver motion through the system
4. Follow the court's order of notice — the court sends notice to the parties identified by RSA 463:6; the petitioner pays the certified-mail cost
5. Attend the hearing — the judge reviews the petition, hears from you and any objecting parties, and decides whether guardianship is in the child's best interest

What Filing Immediately Gets You

When a guardianship or legal-custody petition is filed on behalf of a relative, RSA 193:12 permits the child to attend in the district where the relative lives while the court decides the case. You don't need to wait for the final guardianship order to enroll the child. Bring proof of the filed petition to the school administrative unit.

Contested vs. Uncontested

If both parents consent, the hearing may be brief. If a parent cannot be located, the court decides what notice is required and whether it can be waived for good cause; an absent parent does not by itself make the petition uncontested. If a parent objects, the case becomes contested — you'll need to present evidence that guardianship serves the child's best interests. For contested cases, free legal aid through 603 Legal Aid can make a real difference.

Getting Organized Before Court

Our New Hampshire School and Medical Consent Guide includes a document readiness checklist that covers what you'll need for both non-court consent instruments and formal guardianship filings. It walks you through each authorization level — from temporary agent appointments to full guardianship — so you file the right thing at the right time.

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