Disclaimer: The information provided herein is provided for informational purposes only and does not purport and is not intended to solicit, initiate, or form an Attorney-Client relationship.  
Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must not be relied upon as legal advice on specific facts.
Law Offices of RL Johnson |  Copyright © 2007 All Rights Reserved.
GUARDIANSHIP
Any person interested in the welfare of a minor, or a minor if age 14 or older, may petition the court for a
guardianship..

The probate court has jurisdiction over minor guardianships except for juvenile guardianships under the
juvenile code.  However, the Indian Child Welfare Act governs any action removing an Indian child from
his or her parent or Indian custodian for placement in the home of a guardian. Also, for cases started on
or after January 1, 1998, the family division of circuit court has secondary jurisdiction.

The person petitioning the court for a guardianship must do so in the county where the minor resides or is
present.

A guardian may be appointed only if

  • the parental rights of both parents or the surviving parent are terminated or suspended by prior
    court order, divorce, separate maintenance, death, judicial determination of mental incompetency,
    disappearance, or confinement in a place of detention; or
  • the parent or parents permit the minor to reside with another person and have not given that person
    legal authority over the minor; or
  • the minor’s biological parents never married each other; the parent with custody dies or is missing
    and the other parent does not have legal custody; and the proposed guardian is related to the minor
    within the fifth degree by marriage, blood, or adoption.

The court may appoint a lawyer-guardian ad litem to represent the minor if the minor’s interests are not
being represented (the court must consider the minor’s preference if the minor is 14 or older).  

Additionally, at least once a year the probate court reviews the guardianships of wards under six years
old.  The court reviews other guardianships as it deems necessary.

If you need help establishing a guardianship for a minor we can help you.  Please give us a call.
YOU CAN SUBMIT AN INSTANT EMAIL BELOW that will be immediately forwarded to a qualified attorney
who will respond with a FREE CONSULTATION by EMAIL or PHONE.
                                 LOCATIONS:

MAIN OFFICE
Livonia, Michigan
39111 W. Six Mile Road
Livonia, Michigan 48152
Tel.:  (734) 521.2501
Fax:  (800) 597.0284


    Southfield, Michigan
    Call for an appointment:  (800) 597.0284

    Bloomfield Hills, Michigan
    Call for an appointment:  (888) 443-4146

    Novi, Michigan
    Call for an appointment:  (800) 545-8930
Official PayPal Seal
Effective, Compassionate, Affordable Legal Representation
LAW OFFICES OF RL JOHNSON