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Guardianship of a Child: Surrogate Court

Surrogate Court is the appropriate court to file for guardianship of a child when:

  • the child is 17 years old or younger, not married and not in military service
  • one or both of a child's parents are unable to care for the child AND/OR
  • the child has inherited or was awarded assets (for example: property, money)

Surrogate Court may appoint a guardian for a child up until the child turns 18, unless the child agrees to continue the guardianship until they turn 21. If the child is age 14 or older, they must consent to the appointment of a guardian.

In New York, Article 17 of the Surrogate’s Court Procedure Act is the law that controls Surrogate Court guardianship appointments involving children.

 

 

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