When guardianship fits
Guardianship is appropriate when a child needs stable legal caregivers but the parents' rights are not being terminated. Common scenarios: parents are temporarily unable to care for the child (incarceration, deployment, illness), or the child has been informally living with relatives and the family wants legal recognition.
The probate process
Guardianship of the person is filed in probate court using forms GC-210 and related. The petition requires notice to the parents, an investigation by court-appointed staff, and a hearing. If the parents object, the court applies a clear-and-convincing-evidence standard.
Ongoing duties
A guardian has the same custody and decision-making authority as a parent — schooling, health care, residence, religious upbringing — and must report annually to the court on the child's status. Major decisions (medical, change of residence) may require court approval depending on the order.
Termination
Guardianship ends when the child turns 18, when the court terminates it on the parents' or guardian's petition, or when an adoption is completed. Termination on a parent's petition requires the court to find that termination is in the child's best interest.