NJ Kinship Guardianship Without a Lawyer: Self-Represented Filing Guide

Most KLG Petitioners Do Not Have an Attorney

The majority of relatives who file for Kinship Legal Guardianship in New Jersey do it themselves. The system was designed to be accessible to self-represented (pro se) filers — that is why there is no filing fee, why the Kinship Navigator Program provides an assessment, and why the Judiciary publishes the complaint packet with standard forms.

That does not mean it is easy. Filing without a lawyer means you are responsible for completing every form correctly, meeting every deadline, serving notice on every required party, and appearing in court on your own behalf. But it is entirely doable when you understand the process.

The Step-by-Step Process

These steps describe private KLG filings. In a current FN or FG case, only the Division may file the KLG complaint.

1. Start with the agency handling your case. If no Division case is involved, call 2-1-1 to reach a Kinship Navigator agency; it conducts the caregiver assessment and coordinates background checks. If there is a current FN or FG case, only the Division may file the KLG complaint and the Division conducts the assessment and checks. For an FC placement without current FN or FG litigation, obtain Division consent; the caregiver files a division-assisted private complaint, and the Division provides the assessment and checks at no cost. When no Division involvement exists, the caregiver pays for the private assessment; DCF's CARI Unit conducts CARI and the New Jersey State Police conducts DVCR, at no cost to the caregiver.

2. Complete the KLG Complaint (Form CN 10268). This is the main filing document. It asks for your information, the child's information, both parents' information, and the facts supporting your petition — particularly the cohabitation period and the reasons each parent cannot perform regular caregiving functions.

3. Include the Notice to Parents and Interested Parties of Complaint for KLG (CN 10276). This is a notice form used in the KLG process, not a party-information form. In private cases, the Family Part sends it to parents and interested parties.

4. Assemble your complaint packet. Along with the forms and the Navigator certification, include report cards or preschool progress reports for the two most recent semesters, the child's immunization report (or a statement explaining why the child has not been immunized), a physical exam report from within the past 12 months, and, for a child age 3 or older, a dental report from within the past 12 months.

5. File the package at the county Family Division. File in the county where you live. There is no KLG filing fee. CIC staff review the complaint, notice, assessment, and CN 10267 certification; they docket the case as FL after the background-check results are received and then schedule the hearing.

6. Provide addresses for court service. Give the Family Division each parent's mailing address and include a redacted caregiver assessment copy. The Family Part mails the filed papers by certified and ordinary mail.

7. Attend the hearing. Present yourself to the judge, answer their questions about the child's situation and your caregiving, and provide any additional evidence the court requests.

Where to Get Free Legal Help

Even when filing on your own, free resources can help at critical points:

• Legal Services of New Jersey (LSNJ): Call 1-888-LSNJ-LAW for the statewide legal hotline. It provides free legal advice, information, and referrals to income-eligible residents; representation is not guaranteed.
• NJ Judiciary Self-Help Center: Provides court forms, filing instructions, and general procedural guidance. Court staff cannot give legal advice or tell you which legal order to file for, but they can explain the mechanical steps of filing.
• Judiciary Electronic Document Submission (JEDS): For post-disposition applications and some Family Part filings, JEDS allows you to submit documents electronically rather than going to the courthouse. It operates 24/7 and accepts PDF uploads under 35 MB.
• County bar association pro bono panels: Some counties offer volunteer attorney programs where a lawyer will review your filing or attend a hearing with you at no cost. Contact your county bar association to ask about kinship care or family law pro bono services.

What Court Staff Can and Cannot Do

Court clerks and Family Division staff can:

• Tell you which forms to use for your type of filing
• Explain deadlines and hearing schedules
• Accept your filed documents
• Direct you to the self-help center or JEDS portal

They cannot:

• Tell you whether to file for KLG or custody
• Fill out forms for you
• Predict how the judge will rule
• Give legal advice of any kind

This boundary is strict and applies to every court employee. Do not be surprised or offended — they are legally prohibited from crossing that line.

When You Should Get a Lawyer

Most uncontested KLG cases do not require an attorney. But certain situations genuinely benefit from legal representation:

• A parent is actively contesting the KLG — a contested hearing involves cross-examination, evidence presentation, and legal arguments that are difficult to navigate without training
• CP&P is involved — when the Division of Child Protection and Permanency is active in the case, the legal dynamics are more complex and the stakes for procedural errors are higher
• Interstate issues — if the child recently lived in another state, UCCJEA jurisdiction questions may arise that require legal analysis
• You have a background check issue — if something showed up on a criminal, CARI, or DV registry check that you need to explain or contest, legal help is valuable

If you cannot afford an attorney, start with the LSNJ hotline. If you do not qualify for free representation, ask about limited-scope representation — some attorneys will review your filing or coach you for a hearing at a reduced fee without taking on the full case.

Our New Jersey Guardianship and Custody Court Process Guide walks through the entire self-represented filing process, from contacting the Navigator to obtaining your certified court order, with the forms, timelines, and hearing preparation steps explained for people without a legal background.

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