The Guardianship of Minors Arizona form is a legal document that allows a court to appoint a guardian for one or more minors on a temporary or emergency basis. This process is essential when a minor requires immediate guardianship due to unforeseen circumstances, ensuring their safety and well-being. If you need to initiate this process, consider filling out the form by clicking the button below.
In Arizona, the process of appointing a guardian for minors is facilitated through a specific set of forms designed to address temporary or emergency situations. The Guardianship of Minors Arizona form is essential for individuals seeking to ensure the welfare of a child under the age of 18 when immediate guardianship is necessary. This form package includes a checklist, instructions, and various legal documents required for filing. It allows for the appointment of a guardian for a maximum of six months, providing a critical solution for situations where a minor requires care outside of their parental home. The forms are intended for use in Maricopa County and stipulate that the proposed guardian must not be one of the child’s parents. For those needing guardianship for multiple children, the forms also clarify the requirement of filing separate cases if the minors have different parents. Additionally, the process accommodates urgent circumstances through a provision for temporary emergency guardianship, which can be granted without prior notice to the parents if there is a compelling reason to do so. This introductory overview highlights the structured approach Arizona takes to guardianship, ensuring that the best interests of minors are prioritized while also providing a clear pathway for guardianship applications.
GUARDIANSHIP
OF MINORS (only)
1
Temporary / Emergency Orders
for Guardianship of MINORS
(Forms and Instructions)
©Superior Court of Arizona in Maricopa County
ALL RIGHTS RESERVED
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SELF-SERVICE CENTER
TEMPORARY / EMERGENCY APPOINTMENT OF GUARDIAN
FOR MINOR(S)
CHECKLIST
You may use the forms and instructions in this packet if . . .
You want to have the court appoint a guardian for one or more persons under the age of 18 on a temporary or emergency basis for a period of not more than 6 months.*
The minor lives in Maricopa County.
The person who will serve as guardian is not one of the parents.
You believe that the minor(s) needs to have a guardian temporarily and/or immediately.*
You are applying for Guardianship for more than one child, they have the same parents. **
*If the need for the guardianship will continue for more than 6 months, you will need to petition for “permanent” guardianship.
**If there are multiple children and they do not all have the same fathers and mothers, you must file a separate case for each set of parents.
READ ME: Consulting a lawyer before filing documents with the court may help prevent
unexpected results. A list of lawyers you may hire to advise you on handling your own case or to perform specific tasks, as well as a list of court-approved mediators can be found on the Self- Service Center website at:
www.superiorcourt.maricopa.gov/SSC
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Self-Service Center
APPOINTMENT OF A TEMPORARY / EMERGENCY
GUARDIAN
FOR MINOR(S) ONLY
FORMS AND INSTRUCTIONS
This packet contains court forms and instructions to get a temporary or emergency guardianship for a minor (or minors). Forms that you will need to copy and file with the Court appear in BOLD below. Non-bold items are instruction or information pages. Do not file or copy non-bold items.
Order
File Number
Title
# pages
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Checklist : You may use these forms if . . .
2
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Table of Contents (this page)
3
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How to Get a Guardian Appointed for a Minor on a Temporary /
4
Emergency Basis (Instructions and Helpful Information)
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“Juvenile Guardianship Information” Sheet
5
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“Petition for Temporary Appointment of a Guardian for a
8
Minor”
6
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“Affidavit of Person to be Appointed Guardian”
The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa County. You have permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. The documents are under continual revision and are current only for the day they were received. It is strongly recommended that you verify on a regular basis that you have the most current documents.
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HOW TO GET A GUARDIAN APPOINTED FOR A MINOR ON A
TEMPORARY and/or EMERGENCY BASIS
Introduction: These are the steps to ask the Court to appoint a temporary guardian for a minor. A temporary guardianship only lasts for a maximum of six (6) months unless extended by the Court or until the court hearing takes place on a request to appoint what the Court calls a “permanent” guardian. The temporary guardian and the permanent guardian may be the same person.
•
You may file for permanent and temporary guardianship together or separately.
You may file for permanent guardianship without filing for temporary.
You may file for temporary guardianship without filing for permanent if the guardian will not be needed for longer than six months.
Temporary Guardianship
The regular, “permanent” guardianship process takes about two months. It is appropriate to file for a temporary guardianship when there are good reasons you cannot wait the few months it would take to get a permanent appointment, or you do not expect a guardian will be needed for more than six months.
Temporary Emergency Guardianship Without Notice (sometimes called “ex parte”), is granted when a person needs a guardian appointed immediately, without prior notice to the parents of the minor or to other persons who have a legal right to know that a legal process has been started that involves the minor.
This is a very serious matter. The Judge will not grant a temporary appointment without notice unless you have a very good reason and can prove that immediate and irreparable injury, loss, or damage will result before notice can be given. A Temporary Emergency Guardianship appointment only lasts for a maximum of 30 days unless extended by the Court.
SECTION I: PREPARE THE DOCUMENTS
1.Complete the documents for the TEMPORARY APPOINTMENT.
Fill out all the forms for the temporary appointment completely:
•USE BLACK INK.
•COMPLETE the PETITION FOR TEMPORARY APPOINTMENT OF A GUARDIAN FOR A MINOR.
•MAKE 2 COPIES of the completed forms.
2.If applicable: Complete the forms for the PERMANENT APPOINTMENT. (Separate
packet required). You need the following list of forms you need to start the case for the permanent appointment:
•JUVENILE GUARDIANSHIP INFORMATION SHEET
•PETITION FOR PERMANENT APPOINTMENT OF A GUARDIAN for a MINOR
•AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN. (Required by ARS §14-5106)
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3. Photocopy all the documents: Make 2 copies of all the forms. Assemble the copies so that you have 3 complete packets -- the originals and 2 sets of copies.
4.File the papers at the court: Determine where to file the court forms. There are two facilities for the Maricopa County Juvenile Court:
Durango Facility
Southeast Facility
3131 W. Durango Street
1810 S. Lewis Street
Phoenix, AZ 85009
Mesa, AZ 85210
Cases are assigned to a facility based upon the zip code of the residence of the petitioner. If the zip code is 85200 through and including 85299, or any zip code area that is east of Central Avenue, the case will probably be assigned to the Southeast Facility. Any zip code that is west of Central Avenue will probably be assigned to the Durango Facility.
You can present your documents for filing at either location; however you are encouraged to take them to the correct facility for faster processing.
GO TO THE CLERK’S OFFICE: Take the original and 2 copies of the following documents to the Clerk of the Court (Juvenile):
•PETITION FOR TEMPORARY APPOINTMENT OF A GUARDIAN FOR A MINOR
•(if applicable) PETITION FOR APPOINTMENT OF A PERMANENT GUARDIAN of a MINOR,
AND
•AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN
There is a fee for filing for guardianship, which must have been paid or deferred before filing these papers. If you have paid or deferred the fee to file one, there is currently no separate fee to file the other.
Note: If you will have difficulty paying the filing fee, you may apply for a fee deferral (payment plan) or waiver. Applications are available from the Self-Service Center or the Juvenile Court filing counter.
WHAT THE CLERK WILL DO: The Clerk will file the original JUVENILE GUARDIANSHIP
INFORMATION SHEET (This document is for court use only; it is not a public record). The Clerk will file originals of the following documents, and give you back clerk-stamped (“conformed”) copies to show these documents were filed:
•PETITION FOR TEMPORARY APPOINTMENT OF GUARDIAN
•(if applicable) PETITION FOR APPOINTMENT OF PERMANENT GUARDIAN OF A MINOR, AND
NOTE YOUR “JG” CASE NUMBER: The case number assigned is stamped in the upper right-hand corner of all the documents the clerk stamped for you. The case number always starts with the initials ”JG”. Use this number on every paper you file with the court from now on.
5. (If applicable) Schedule the Permanent hearing date: Take originals of one or both of the following papers to Juvenile Court Administration:
•INSTRUCTIONS AND REQUEST FOR HEARING DATE; AND
Take 2 copies of these Clerk-stamped (conformed) papers to Juvenile Court Administration:
•PETITION FOR APPOINTMENT OF GUARDIAN FOR A MINOR,
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Juvenile Court Administration will, if applicable, schedule the permanent hearing on the form called INSTRUCTIONS AND REQUEST FOR HEARING DATE and return it to you. Now you know the date, time, and location of the hearing on the permanent appointment, and the name of the Judge or Commissioner who will hear the case.
6. To schedule the hearing on the Temporary or emergency appointment:
If you have requested that a temporary guardian be appointed, Juvenile Court Administration will take the Petition for Temporary Appointment of Guardian to the assigned Judicial Officer for review. The assigned Judicial Officer will set a hearing date ONLY if he/she agrees that an emergency exists.
If the Judge decides to give you a hearing on the petition for Temporary Appointment of a Guardian of a Minor, court staff will provide you with 2 copies of a NOTICE OF HEARING form. You will need to give notice of the hearing to everyone entitled to notice before the hearing. See #7, below, and Packet Part 2--Service and Notice of the Court Hearing, for information on who must be given notice.
7.LEGAL NOTICE: You must give notice about the court case: If this is an emergency hearing with notice, you must give notice to everyone required to be given notice under Arizona law of a petition for permanent guardianship, as required by Arizona law (A.R.S. §14-5310 and 14-5401). See Packet Part 2--Service and Notice of the Court Hearing. Notice must be complete before the hearing.
•If this is an emergency hearing without notice, you must give notice to the person who needs the temporary or emergency guardianship by personal service within 72 hours after the Court hearing. No other notice is required in these cases.
SECTION 2: PREPARE for THE HEARING
8.Legal Notice Before the hearing: If you were required to give advance notice of the
temporary or emergency hearing, file the originals of the following documents: NOTICE OF HEARING, WAIVER OF NOTICE, (If applicable), and PROOF OF NOTICE.
Bring copies of all 3 documents with you to the hearing to be “conformed” (stamped by Court staff). Do this as soon as possible, at least 3 business days before the hearing on the temporary petition. Otherwise, bring these documents with you to the hearing.
9.Documents to bring to the hearing: Bring to the hearing the original documents, and any documents you filed with the Clerk, such as:
•Proof of Notice of Hearing
•Waiver of Notice, (if applicable)
•Acceptance of Service (if applicable)
•Affidavit Supporting Publication (if applicable)
10.Other information to know before the Court Hearing:
•The Juvenile Court uses a digital audio recording system to preserve the official court record of the proceedings. If a party want a court reporter to record a proceeding in the Juvenile Court, they must file a written request with the Clerk of Court and Juvenile Court Administration at least
72 hours before the start of the guardianship proceeding.
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•If you need a court interpreter, telephone 602-506-0490 at least 10 days before the hearing.
•Be prepared to testify at the Court hearing about why you think the Guardianship is needed. Bring with you to Court any witnesses you think will help you testify.
•Tell the Judge about the case, and why the temporary appointment is necessary. Bring all paperwork with you that you think is applicable, such as reports about the person you say needs the guardian, police or Child Protective Services (CPS) records concerning the person, etc.
SECTION 3 – AFTER THE COURT HEARING
11.Go to the Court Clerk: Ask whether the Judge signed the Order, and when you can get a copy of it. After you receive the Order for Temporary Guardianship, you will need a certified copy to show you are the person officially appointed by the Judge. There is a $26.00 certification fee plus $0.50 per page to do this. Payment may be made in cash (in person only) or by check or money order made payable to the Clerk of Court.
If you did not already give legal notice about the PETITION FOR TEMPORARY APPOINTMENT and the court hearing as described in STEP 7, then you must now give notice of the court papers and the hearing to everyone who is entitled to know about the court case before the hearing date.
12.Other help: Court personnel can answer certain limited questions about the procedures involved, but only an attorney can give you legal advice. You can call the Maricopa County Bar Association’s Lawyer Referral Service at 602-257-4434 to schedule a half-hour consultation for $35, or find a lawyer in the yellow pages of your telephone book (or online) under “attorneys”.
The Self-Service Center also has a list of lawyers who will, for a fee, assist you on a task-by-task basis or advise you on how to conduct your own case. The list shows where the lawyers are located, how much they charge to look over the court papers or answer your questions, and what their experience is. You
may view the list at the Self Service Center or on the Court’s web site at:
www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/LawyersAndMediators/
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Name of Person Filing Document: Address:
City, State, Zip Code:
Telephone Number:
Attorney Bar Number (if applicable): Representing Self or Attorney for
For Clerk’s Use Only
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY JUVENILE COURT
In the matter of Guardianship of:
A Minor
Female
Male
Case Number JG
JUVENILE GUARDIANSHIP INFORMATION SHEET
THIS FORM IS TO BE COMPLETED BY THE PETITIONER(S) AND RETURNED
TO THE CLERK AT THE TIME OF FILING THE PETITION.
This information is confidential and for Court use only, and is not part of the public record.
DESCRIPTION OF
PETITIONER
CO-PETITIONER
Name
Address
City, State, Zip
Telephone Number
(
)
Date of Birth
Social Security Number
Passport Number
Ethnicity
Height
Weight
Color of Hair
Color of Eyes
Relationship to person(s)
to be protected
Private Fiduciary Certification or Licensing Number:
Date of birth of Minor(s): (Month/Day/Year)
Is the person you are seeking to assist a foreign national?
Yes
No
If yes, please specify country:
Is the Minor(s) or a sibling of the Minor(s) involved in a Juvenile Dependency action?
Will you or any person required to receive notice need a court interpreter?
If “Yes”, what language(s) ?
YES
NO
© Superior Court of Arizona in Maricopa County
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Name of Person Filing Document:
Address:
Attorney Bar Number (if applicable):
Representing Self (Without a Lawyer OR Attorney for
FOR CLERK’S USE ONLY
SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
In the Matter of Guardianship of:Case Number: JG
PETITION FOR
TEMPORARY APPOINTMENT
OF A GUARDIAN FOR A MINOR
EMERGENCY APPOINTMENT
WITHOUT NOTICE REQUESTED
INFORMATION FROM GUARDIANS, UNDER OATH or AFFIRMATION:
1.INFORMATION ABOUT PETITIONER
Name:
Street Address:
Telephone:Date of Birth:
I am related by blood to the children. Explain how you are related. (Examples: grandmother, uncle, sister, etc.)
Are you related to the children through the Mother’s side of the family or the Father’s side?
Mother
Father
Paternity has been established through
Birth Certificate
Court Order
I am NOT related by blood to the children. Explain how you know the children.
Note: If the person to be appointed Guardian is not related to the child, the person will need
to submit a full set of fingerprints to obtain a criminal background investigation.
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Use only most current version
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PTT
Case No.
2.INFORMATION ABOUT THE CHILDREN WHO NEED A TEMPORARY
GUARDIAN:
(Make copies of this page if needed for additional children)
male female
a. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
b. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
male
c. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
female
d. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
(If more than four children, please attach information for all children)
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Filling out the Guardianship of Minors form in Arizona involves a systematic approach to ensure all necessary information is accurately provided. This process is essential for obtaining a temporary or emergency guardianship for a minor. Following these steps will help facilitate the filing process and ensure compliance with court requirements.
The Guardianship of Minors Arizona form is a legal document used to request the appointment of a guardian for a child under the age of 18. This form is particularly for temporary or emergency situations, allowing guardianship for a maximum of six months. It is designed for cases where the child resides in Maricopa County and the guardian is not a parent.
Anyone who believes that a minor needs a guardian can apply, as long as they are not the child's parent. This could be a relative, family friend, or other responsible adult. If you are applying for multiple children, they must share the same parents, or separate applications will be required for different sets of parents.
Temporary guardianship lasts up to six months and is used when immediate action is needed. Permanent guardianship, on the other hand, is intended for long-term arrangements and involves a more extensive court process. You can apply for both types simultaneously or separately, depending on your needs.
You will need to fill out several forms, including:
Make sure to copy these documents as you will need the originals and two copies for filing.
To file the forms, take the originals and copies to the Clerk of the Court at the appropriate Juvenile Court facility in Maricopa County. Ensure that you have paid the filing fee or applied for a fee waiver if needed. The Clerk will file your documents and provide you with stamped copies.
Once you file the forms, the court will process your request. If you filed for temporary guardianship, a hearing may be scheduled. The judge will review your case and determine whether to grant the guardianship based on the evidence you provide.
Yes, in certain emergency situations, you can request a Temporary Emergency Guardianship without notifying the parents. However, you must demonstrate to the court that immediate harm could occur if the guardianship is not granted right away.
Temporary guardianship lasts for a maximum of six months. If you believe that the need for guardianship will extend beyond this period, you will need to apply for permanent guardianship.
If paying the filing fee poses a challenge, you can apply for a fee deferral or waiver. Applications are available at the Self-Service Center or the Juvenile Court filing counter. Ensure you complete this step before filing your guardianship forms.
Consulting a lawyer before filing can be beneficial. A legal professional can help you navigate the process, ensuring you understand your rights and responsibilities. You can find a list of lawyers and mediators on the Self-Service Center website.
Failing to read the instructions thoroughly before filling out the forms. This can lead to incorrect submissions and delays in the process.
Using ink colors other than black when completing the forms. The court specifically requests black ink to ensure clarity and legibility.
Not completing all required forms. Omitting necessary documents can result in rejection of the application.
Submitting forms that are not properly copied. It is essential to provide the court with the original and two copies of each document.
Filing documents at the wrong court facility. Knowing which facility to use based on your zip code is crucial for timely processing.
Neglecting to pay the filing fee or apply for a fee waiver. Ensure you understand the financial requirements before submitting your application.
Forgetting to note the case number assigned by the court. This number is vital for all future correspondence and filings.
Not scheduling a hearing date for permanent guardianship if needed. Failing to do so can prolong the guardianship process unnecessarily.
Overlooking the need for separate filings if guardianship involves multiple children with different parents. Each case must be filed separately.
Assuming that the temporary guardianship will automatically extend beyond six months. If more time is needed, a petition for permanent guardianship must be filed.
When navigating the process of guardianship for minors in Arizona, several important documents accompany the Guardianship of Minors form. Each of these forms plays a crucial role in ensuring that the legal process is followed correctly and that the best interests of the minor are prioritized. Below is a list of commonly used forms and documents that may be necessary during this process.
Understanding these documents is key to successfully navigating the guardianship process in Arizona. Each form serves a specific purpose and contributes to ensuring that the minor’s needs are met and protected throughout the legal proceedings.
The Guardianship of Minors form in Arizona shares similarities with the Temporary Custody Order. Both documents are designed to provide immediate care and protection for a minor when their parents are unable to do so. A Temporary Custody Order allows a designated individual to make decisions for the child, similar to a guardian. This order can also be issued in emergency situations, ensuring that the child's welfare is prioritized while the court assesses the longer-term guardianship needs. The key difference lies in the terminology and specific legal implications, but the underlying goal of protecting the minor is consistent across both forms.
Another related document is the Permanent Guardianship form. This form is utilized when a more long-term solution is necessary for a minor's care. Unlike the temporary guardianship, which lasts up to six months, a Permanent Guardianship can provide stability and security for the child for an indefinite period. The process for obtaining a Permanent Guardianship typically involves a more thorough court review, ensuring that all parties involved have had the opportunity to be heard. While both documents serve the purpose of appointing a guardian, they differ significantly in duration and the legal processes required for approval.
The Petition for Emergency Guardianship also bears resemblance to the Guardianship of Minors form. This petition allows for the immediate appointment of a guardian without prior notice to the parents or other interested parties. It is typically granted in situations where the minor is at risk of harm and immediate action is required. Like the Guardianship of Minors form, this petition aims to protect the child's best interests. However, the Emergency Guardianship is time-sensitive, often lasting only 30 days unless extended by the court, underscoring the urgency of the circumstances.
Lastly, the Affidavit of Person to be Appointed Guardian is another document that parallels the Guardianship of Minors form. This affidavit is a sworn statement that outlines the qualifications and intentions of the individual seeking to become a guardian. It is a critical component of the guardianship process, ensuring that the court has sufficient information to make an informed decision. While the Guardianship of Minors form initiates the process, the affidavit provides the necessary details to support the appointment, highlighting the importance of both documents in establishing a guardian's role.
When filling out the Guardianship of Minors form in Arizona, there are important guidelines to follow. Here’s a list of things you should and shouldn’t do to ensure your application is processed smoothly.
This is not accurate. The form can be used to request temporary or emergency guardianship for minors, lasting up to six months. If a longer period is needed, a separate petition for permanent guardianship must be filed.
While many adults can apply, the form specifies that the proposed guardian must not be one of the minor's parents. This ensures that the guardianship is appropriate and in the best interest of the child.
Although the form is designed for urgent situations, the process still requires careful completion of documents and filing with the court. In some cases, a hearing may be necessary, which can take additional time.
There are fees associated with filing for guardianship. If financial difficulties arise, individuals can apply for a fee deferral or waiver, but they must be prepared to demonstrate their situation.
Temporary guardianship lasts for a maximum of six months unless extended by the court. If longer guardianship is needed, a separate petition for permanent guardianship must be filed.
Ensure all forms are completed accurately using black ink. This includes the Petition for Temporary Appointment of a Guardian for a Minor.
File your documents at the correct court facility based on your zip code to ensure faster processing.
If you face challenges with filing fees, you can apply for a fee deferral or waiver. Applications are available at the Self-Service Center or the Juvenile Court filing counter.