The court can not give legal advice or assistance. If you have legal questions or need assistance you will need to contact an attorney of your choice. The court can not accept incomplete documents. Documents must be completed in ink and be legible.
A limited minor guardianship occurs when the custodial parent petitions the court and consents to the suspension of their parental rights.
A full minor guardianship occurs when parental rights of the parent have been terminated or suspended by death or disappearance, for example; or, the parent has allowed the minor to reside with another person without providing that person with legal authority for care and maintenance of the minor.
The minor must reside in Barry County or be found in Barry County for the court to accept a petition for a minor guardianship.
A $150.00 filing fee must accompany the petition. Fees are nonrefundable. There is a $10.00 charge for certification and $1.00 each page of the page certified copy of the letters.
A copy of the minor’s birth certificate must accompany the petition. The persons listed as references on the Social History form must submit letters of reference prior to the court hearing. If an Order of Filiation or Support or a Judgment of Divorce was entered, a copy must accompany the petition.
It is the court’s general policy not to grant temporary guardianships unless there is a medical emergency or an emergency educational matter.
A minor 14 years or older must sign the nomination on the back of the petition and must be personally served with the petition and notice of hearing at least 7 days prior to the hearing. A proof of service must be filed with the court indicating that the minor was served with the documents.
Individuals entitled to notification of a minor guardianship proceeding must be served by mail at least 14 days prior to the hearing or at least 7 days prior to the hearing if the individual is personally served. The court must have the proof of service 5 days prior to the court hearing. If the individuals are not served notice as required, the court will adjourn the hearing.
In minor guardianships if the minor is under the age of 14, the court consultant or a worker from the Barry County Department of Human Services will perform a home study and file a report with the court.
For additional information please visit The Barry County Youth Service Bereau’s website.
Page Last Modified: August 20, 2007 at 2:17 pm