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You are here: Families & Children > Guardianship (Probate Court) > Becoming a Guardian of a Child > General Information > Do I need a lawyer to set up a guardianship?

Do I need a lawyer to set up a guardianship?

You do not have to have a lawyer. But, it takes quite a bit of time and energy to fill out your court forms and to "give notice" to all relatives. And, most people make mistakes.

The forms and rules for notice are complicated. If you don't follow them carefully you will have to come back to court and it will take more time to process your case.

Sometimes a lawyer can help you present your case to the court, especially if one or both parents object to the guardianship.

Talk to a lawyer if:

• the child has property with a lot of value,
• you live out-of-state,
• there are other legal cases going on at the same time (like adoption, custody in family court, juvenile charges),
• the child has special needs (physically/emotionally disabled), or
• the child is Native American (because federal laws apply).

Click here for help finding free or low cost legal help.

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Last modified: 01/05/2009

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