Guardianship of a Child: Family Court
Family Court is the appropriate court to file for guardianship of a child when:
- the child is 20 years old or younger, not married and not in military service
- one or both of the child's parents are unable to care for the child, and
- the child has not inherited or been awarded any assets (for example: property, money)
If the child is entitled to receive money or property, the petition should be filed in Surrogate Court.
A Family Court judge may appoint a legal guardian for a child up to the age of 21. Once the child turns 14, they must consent to the appointment. A court appointed legal guardian has the same power as a parent to make decisions for the child.
In New York, Article 6 of the Family Court Act is the law that controls Family Court guardianship appointments involving children.
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