NJ Kinship Legal Guardianship Application: Form CN 10268 and the KLG Process

What Kinship Legal Guardianship Is

Kinship Legal Guardianship (KLG) is New Jersey's legal framework for relatives and family friends who have been raising a child and want permanent, court-recognized authority without adopting the child or terminating the parent's rights. Created under N.J.S.A. 3B:12A-1 et seq. and amended by P.L. 2021 c.154, KLG gives you full parent-like decision-making over the child's health, education, and daily life. It lasts until the child turns 18 or graduates high school, whichever comes later.

KLG is not a temporary measure. It is a permanency outcome — the legal system's way of saying this child has a stable home and the arrangement should continue.

Custody vs. Guardianship: The Difference

These two terms trip up almost every kinship caregiver. In New Jersey:

Court-appointed guardianship (under N.J.S.A. 3B:12-1) is a broad legal mechanism filed in the Chancery Division. It can suspend or terminate parental rights depending on the circumstances. It applies to any fit adult, not just relatives.

Kinship Legal Guardianship (under N.J.S.A. 3B:12A-1) is a narrower, kinship-specific pathway filed in the Family Part. It preserves the parent's legal relationship — the parent still owes child support and retains any court-ordered visitation rights — while transferring daily decision-making to you.

KLG is a kinship-specific court process that preserves the parent's legal relationship while assigning the guardian decision-making authority over the child's health, education, and daily care. Whether it fits a particular case depends on the facts and statutory requirements.

Eligibility Requirements

To file for KLG, you must meet these criteria under N.J.S.A. 3B:12A-6:

• The child has lived with you for at least six consecutive months or for nine of the last fifteen months
• You are a relative or family friend (KLG is not limited to blood relatives — close family friends who have been providing care qualify)
• The case involves serious, ongoing parental incapacity, and the court must find that KLG is appropriate under the statutory requirements
• If DCP&P is involved, ask the caseworker or legal aid about the permanency requirements that apply to your case

Filing: Form CN 10268

The Complaint for Kinship Legal Guardianship (Form CN 10268) is available on the New Jersey Courts self-help website. You file it in the Superior Court, Chancery Division, Family Part.

The form itself asks for basic information: your name and address, the child's information, the parents' names and last known addresses, how long the child has lived with you, and a brief statement of why KLG is in the child's best interest.

Filing fees: A KLG filing is estimated to cost $90–$110 or more. Confirm the current fee with New Jersey Courts, and ask the court or legal aid about any fee-waiver process.

What Happens After Filing

The court process follows a predictable sequence:

1. Service on the parents. The parents must be notified of the filing. If a parent cannot be located, ask New Jersey Courts or legal aid about the service steps required in your case.

2. Kinship Caregiver Assessment. The petition must include a formal assessment of your home and the child's situation. It includes background checks and evaluates your suitability to care for the child through adulthood.

3. Hearing. The Family Part judge reviews the assessment, hears from you and (if they appear) the parents, and makes a determination. The hearing process and timeline depend on the case; check current court instructions or ask legal aid about what to expect.

4. Order. If granted, the KLG order gives you parent-like decision-making authority over the child's health, education, and daily care. The parent retains the obligation to pay child support and any court-ordered visitation rights.

KLG Subsidy

If the child was placed with you through DCP&P, ask the caseworker which kinship subsidy or other financial assistance programs may apply. Confirm eligibility, amount, and duration before the KLG is finalized.

Caregivers without DCP&P involvement can ask the NJ Kinship Navigator about other support programs.

Do You Need a Lawyer?

You can file Form CN 10268 without an attorney, and many kinship caregivers do. The New Jersey Courts self-help resources walk through the forms. However, if the parent is likely to contest the guardianship, or if DCP&P is involved and the case has procedural complexity, free legal help is available through Legal Services of New Jersey (1-888-576-5529).

For caregivers who are still in the informal stage — using a POA or affidavit for school and medical needs — the New Jersey School and Medical Consent Guide covers non-court consent tools and includes a decision map that helps you determine whether KLG is the right next step.

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