New York Family Court Form 6-1 Guardianship Petition

What Form 6-1 Is

Form 6-1 is the official petition form for appointment as guardian of a person or permanent guardian in New York Family Court. It is the starting document for any kinship caregiver — grandparent, aunt, uncle, or other relative — seeking guardianship of a minor child under SCPA Sections 1701-1704 and FCA Section 661.

The official version is dated April 2025 and is available as a free PDF from nycourts.gov. Use the current form and instructions.

What the Form Asks For

Form 6-1 is several pages long and asks for detailed information. Here is what each section covers:

The child's information — The petition identifies the child and asks for the details shown on the current form. Follow the official form for any address-history fields.

The petitioner's information — The petition identifies the proposed guardian. The filing packet also includes SCR and criminal-history screening; follow the current form and screening instructions for the required details.

The parents' information — Include the parent and contact details requested on the current form. A deceased parent and any parent whose whereabouts are unknown affect notice and service; follow the court's instructions for documenting those circumstances.

Prior proceedings — The form includes disclosures about prior child-protective proceedings under FCA Article 10 and active orders of protection. Follow the current form for the complete list of prior proceedings and orders it requests.

The basis for the petition — Explain why guardianship is requested and the circumstances supporting it. A parent's incarceration, treatment, or death does not by itself terminate parental rights.

ICWA inquiry — The court and petitioner must inquire whether the child is an Indian child under the Indian Child Welfare Act. If the child may be an Indian child, additional notice and jurisdiction rules apply.

The Supporting Forms

Form 6-1 does not stand alone. A complete filing packet typically includes:

• Form 6-2 (Oath and Designation) — The proposed guardian's sworn oath to fulfill the duties of guardianship
• Form 6-3 (Consent or Preference) — Filed when a parent or the child (if 14 or older) consents to the guardianship
• Form 6-4 (Waiver of Process and Renunciation) — Filed when a parent waives their right to be formally served and consents to the appointment
• OCFS-3909 — Authorization for the Statewide Central Register database check, which screens for indicated child abuse or maltreatment reports

Some counties require additional local forms or information sheets. The Nassau County Family Court, for example, has its own guardianship packet with supplemental instructions. Always check with the specific county clerk's office before filing.

Common Mistakes That Delay Filing

Missing the SCR clearance form. The required SCR screening includes the proposed guardian and adult household members over 18. Follow the OCFS-3909 and court instructions for submitting the screening information.

Wrong court or wrong county. Venue is generally the county where the minor resides or is domiciled at filing. A pending Supreme Court matrimonial or custody case can affect court routing.

Incomplete parent information. If you do not know a parent's address, document reasonable search efforts, such as checking postal records, voter records, correctional databases, and the parent's last-known employer, so the court can consider an alternative service request.

Using a non-official version. Generic guardianship forms from document template websites do not comply with New York's statutory requirements and will be rejected.

Surrogate's Court Forms Are Different

If you are filing in Surrogate's Court instead of Family Court, the forms are different. Surrogate's Court uses the G-series forms: G-1 (Citation), G-2A (Petition for Guardian of Person Only), G-2B (Petition for Guardian of Person and Property), and G-3 (Affidavit of Proposed Guardian). The CSMD series covers standby guardianship.

The Court Process Guide walks through both sets of forms, explains which court and form set fits each situation, and includes a filing checklist so nothing gets missed.

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