Clark Peshkin
Guardianship of Minors in New York State
Providing Stability and Legal Protection for Children in Need
When a child’s parents are unable or unavailable to care for them, legal guardianship can provide the stability, support, and protection they need. Whether you are seeking guardianship of a minor due to a parent’s incapacity, absence, or other circumstances, having skilled legal guidance is essential to navigating this complex process.
Understanding Guardianship Laws in New York
Guardianship grants an individual legal authority over a child’s care and decision-making, similar to parental rights but without terminating the parents’ legal status. This allows the guardian to make critical choices regarding:
✔ The child’s education
✔ Medical decisions and healthcare access
✔ Living arrangements and daily care
✔ Financial matters and benefits on behalf of the child
Who Can Petition for Guardianship?
A relative, family friend, or another responsible adult may petition for guardianship if the child’s parents are:
- Deceased or missing
- Incapacitated or otherwise unable to provide care
- Struggling with substance abuse, mental health issues, or domestic instability
- Incarcerated or facing legal restrictions
Guardianship can be granted in cases where it is in the best interests of the child and no suitable parental care is available.
The Process of Filing for Guardianship of a Minor in New York
1. Filing a Guardianship Petition
The process begins with filing a petition for guardianship in New York Family Court or Surrogate’s Court. The petition must include:
- Reasons why guardianship is necessary
- Information about the child’s current parent and living situation
- Details about the proposed guardian’s ability to care for the child
2. Court Review & Background Checks
The court will review the petition and may require:
- A home visit or background check of the proposed guardian
- Consent from the child’s parents (if possible) or proof that they are unable to provide care
- Input from the child if they are of sufficient age
3. Guardianship Hearing
If necessary, the court will hold a guardianship hearing, where both sides can present their case. The judge will make a final decision based on the child’s best interests.
4. Issuance of Guardianship Order
Once approved, the guardian will receive legal authority over the child and can make decisions regarding their care, education, and medical needs.
Modifying or Terminating Guardianship
Guardianship may be modified or terminated if circumstances change, such as:
- The parent regains the ability to care for the child
- The guardian is no longer able to fulfill their duties
- The child turns 18 and no longer requires a legal guardian
Client Testimonials & Educational Resources
Client Testimonials
Curious how we’ve helped others facing similar family law challenges? Visit our Client Testimonials page to hear directly from individuals and families we’ve supported through divorce, custody, support, and other sensitive family law matters.
Explore Our Blog
Want to learn more? Our Blog provides clear, practical insights on all aspects of family law, including guardianship of minors, legal rights of guardians, the guardianship process in New York, and other essential family law topics.
Convenient Office Locations Across Upstate New York
Clark Peshkin proudly serves clients throughout Western and Central New York, providing local support from three centrally located offices:
Buffalo Office:
Serving Erie County and Western New York
716.354.1611
Rochester Office:
Serving Monroe County and surrounding communities
585.565.6299
Syracuse Office:
Serving Onondaga County and Central New York
315.895.5979
Ready to Secure Guardianship of a Minor? Contact Clark Peshkin Today
If you need to establish guardianship of a minor, modify an existing guardianship order, or protect your rights as a guardian, our experienced family law attorneys are here to help. We provide clear, strategic, and reliable guidance to ensure your rights are protected and the child’s best interests are prioritized.