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- 1). File a petition with the circuit court in the county where the child resides. The petition must include the name and address of the petitioner and the relationship to the child, the name and address of the qualified parent and any other parent (if known), the name, address, and date of birth of the child, the triggering event, the name and address of the proposed standby guardian, a statement about whether the qualified parent will die soon or will be incapable of caring for the child, any judicial history regarding custody of the child and the reason why the other parent will not assume standby guardianship. Pay the applicable filing fee.
- 2). Send a notice of the filing and a copy of the petition via certified mail, return receipt requested, to the appropriate parties. You must send the notice to each parent of the child if his whereabouts are known, the child if he is age 14 or older, the standby guardian and the alternative guardian, if any. On the notice, you must include a statement that the appointment does not change custody of the child, that it is not necessary to appear and that any parent can request a hearing on the petition if the request is made within 10 days of the date of the notice.
- 3). File a petition with the circuit court for permanent guardianship. If the triggering event was the death of a qualified parent, you must file the petition within 90 days of the event. You must file the petition promptly after the triggering event in all other cases. Along with the petition, you must submit a copy of the circuit court's written designation of standby guardianship and a physician's written determination of the qualified parent's incompetence or the certificate of death.
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