The Guardianship of Minors Arizona form is a legal document used to request the appointment of a guardian for a minor child on a temporary or emergency basis. This form is applicable when a minor needs a guardian for a period not exceeding six months, and the guardian is not one of the child's parents. Individuals residing in Maricopa County can utilize this form to ensure the welfare of minors in urgent situations.
When filling out the Guardianship of Minors form in Arizona, there are important guidelines to follow. Here is a list of things you should and shouldn't do:
When navigating the process of filling out and using the Guardianship of Minors form in Arizona, it is essential to be well-informed. Here are key takeaways that can guide you through this important legal procedure:
By following these guidelines, you can approach the guardianship process with greater confidence and clarity. It is a significant responsibility, and being prepared is crucial.
The Guardianship of Minors Arizona form is designed to facilitate the appointment of a guardian for a minor under the age of 18. This can be done on a temporary or emergency basis, lasting up to six months. The process is crucial when a minor needs immediate care and protection, and the proposed guardian is not one of the parents. This form ensures that the court is involved in making decisions that are in the best interest of the child.
Any individual who believes that a minor requires immediate guardianship can apply, provided they meet certain criteria. Specifically, the minor must reside in Maricopa County, and the applicant cannot be one of the minor's parents. If you are applying for guardianship for multiple children, they must share the same parents. If they do not, separate cases must be filed for each set of parents.
The process involves several steps:
It’s advisable to consult with a lawyer before proceeding, as they can provide guidance specific to your situation.
A Temporary Emergency Guardianship is granted in situations where immediate action is required, often without prior notice to the minor's parents or other legal guardians. This type of guardianship is typically sought when there is a risk of immediate harm to the minor. It lasts for a maximum of 30 days unless extended by the court. The criteria for obtaining this type of guardianship are stringent, and you must demonstrate that waiting for a regular hearing could result in irreparable harm.
If it becomes apparent that the minor will need a guardian for more than six months, you will need to file a petition for permanent guardianship. This process is separate from the temporary guardianship and involves additional documentation and hearings. It’s important to initiate this process well before the temporary guardianship expires to ensure continuity of care for the minor.
When seeking guardianship of minors in Arizona, several other forms and documents may be necessary to support your application. Below is a list of common documents that accompany the Guardianship of Minors form. Each document serves a specific purpose in the process.
Understanding these documents and their purposes can help streamline the guardianship process. It is advisable to ensure all forms are completed accurately and submitted in a timely manner to avoid delays.
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GUARDIANSHIP
OF MINORS (only)
1
Temporary / Emergency Orders
for Guardianship of MINORS
(Forms and Instructions)
©Superior Court of Arizona in Maricopa County
ALL RIGHTS RESERVED
JGT1c - 5284 -
SELF-SERVICE CENTER
TEMPORARY / EMERGENCY APPOINTMENT OF GUARDIAN
FOR MINOR(S)
CHECKLIST
You may use the forms and instructions in this packet if . . .
You want to have the court appoint a guardian for one or more persons under the age of 18 on a temporary or emergency basis for a period of not more than 6 months.*
The minor lives in Maricopa County.
The person who will serve as guardian is not one of the parents.
You believe that the minor(s) needs to have a guardian temporarily and/or immediately.*
You are applying for Guardianship for more than one child, they have the same parents. **
*If the need for the guardianship will continue for more than 6 months, you will need to petition for “permanent” guardianship.
**If there are multiple children and they do not all have the same fathers and mothers, you must file a separate case for each set of parents.
READ ME: Consulting a lawyer before filing documents with the court may help prevent
unexpected results. A list of lawyers you may hire to advise you on handling your own case or to perform specific tasks, as well as a list of court-approved mediators can be found on the Self- Service Center website at:
www.superiorcourt.maricopa.gov/SSC
JGT1k-051413
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Self-Service Center
APPOINTMENT OF A TEMPORARY / EMERGENCY
GUARDIAN
FOR MINOR(S) ONLY
FORMS AND INSTRUCTIONS
This packet contains court forms and instructions to get a temporary or emergency guardianship for a minor (or minors). Forms that you will need to copy and file with the Court appear in BOLD below. Non-bold items are instruction or information pages. Do not file or copy non-bold items.
Order
File Number
Title
# pages
JGT1k
Checklist : You may use these forms if . . .
2
JGT1t
Table of Contents (this page)
3
JGT10h
How to Get a Guardian Appointed for a Minor on a Temporary /
4
Emergency Basis (Instructions and Helpful Information)
JG10f
“Juvenile Guardianship Information” Sheet
5
JGT11f
“Petition for Temporary Appointment of a Guardian for a
8
Minor”
6
JG11f
“Affidavit of Person to be Appointed Guardian”
The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa County. You have permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. The documents are under continual revision and are current only for the day they were received. It is strongly recommended that you verify on a regular basis that you have the most current documents.
JGT1t-042313
HOW TO GET A GUARDIAN APPOINTED FOR A MINOR ON A
TEMPORARY and/or EMERGENCY BASIS
Introduction: These are the steps to ask the Court to appoint a temporary guardian for a minor. A temporary guardianship only lasts for a maximum of six (6) months unless extended by the Court or until the court hearing takes place on a request to appoint what the Court calls a “permanent” guardian. The temporary guardian and the permanent guardian may be the same person.
•
You may file for permanent and temporary guardianship together or separately.
You may file for permanent guardianship without filing for temporary.
You may file for temporary guardianship without filing for permanent if the guardian will not be needed for longer than six months.
Temporary Guardianship
The regular, “permanent” guardianship process takes about two months. It is appropriate to file for a temporary guardianship when there are good reasons you cannot wait the few months it would take to get a permanent appointment, or you do not expect a guardian will be needed for more than six months.
Temporary Emergency Guardianship Without Notice (sometimes called “ex parte”), is granted when a person needs a guardian appointed immediately, without prior notice to the parents of the minor or to other persons who have a legal right to know that a legal process has been started that involves the minor.
This is a very serious matter. The Judge will not grant a temporary appointment without notice unless you have a very good reason and can prove that immediate and irreparable injury, loss, or damage will result before notice can be given. A Temporary Emergency Guardianship appointment only lasts for a maximum of 30 days unless extended by the Court.
SECTION I: PREPARE THE DOCUMENTS
1.Complete the documents for the TEMPORARY APPOINTMENT.
Fill out all the forms for the temporary appointment completely:
•USE BLACK INK.
•COMPLETE the PETITION FOR TEMPORARY APPOINTMENT OF A GUARDIAN FOR A MINOR.
•MAKE 2 COPIES of the completed forms.
2.If applicable: Complete the forms for the PERMANENT APPOINTMENT. (Separate
packet required). You need the following list of forms you need to start the case for the permanent appointment:
•JUVENILE GUARDIANSHIP INFORMATION SHEET
•PETITION FOR PERMANENT APPOINTMENT OF A GUARDIAN for a MINOR
•AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN. (Required by ARS §14-5106)
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JGT10h-071912
3. Photocopy all the documents: Make 2 copies of all the forms. Assemble the copies so that you have 3 complete packets -- the originals and 2 sets of copies.
4.File the papers at the court: Determine where to file the court forms. There are two facilities for the Maricopa County Juvenile Court:
Durango Facility
Southeast Facility
3131 W. Durango Street
1810 S. Lewis Street
Phoenix, AZ 85009
Mesa, AZ 85210
Cases are assigned to a facility based upon the zip code of the residence of the petitioner. If the zip code is 85200 through and including 85299, or any zip code area that is east of Central Avenue, the case will probably be assigned to the Southeast Facility. Any zip code that is west of Central Avenue will probably be assigned to the Durango Facility.
You can present your documents for filing at either location; however you are encouraged to take them to the correct facility for faster processing.
GO TO THE CLERK’S OFFICE: Take the original and 2 copies of the following documents to the Clerk of the Court (Juvenile):
•PETITION FOR TEMPORARY APPOINTMENT OF A GUARDIAN FOR A MINOR
•(if applicable) PETITION FOR APPOINTMENT OF A PERMANENT GUARDIAN of a MINOR,
AND
•AFFIDAVIT OF PERSON TO BE APPOINTED GUARDIAN
There is a fee for filing for guardianship, which must have been paid or deferred before filing these papers. If you have paid or deferred the fee to file one, there is currently no separate fee to file the other.
Note: If you will have difficulty paying the filing fee, you may apply for a fee deferral (payment plan) or waiver. Applications are available from the Self-Service Center or the Juvenile Court filing counter.
WHAT THE CLERK WILL DO: The Clerk will file the original JUVENILE GUARDIANSHIP
INFORMATION SHEET (This document is for court use only; it is not a public record). The Clerk will file originals of the following documents, and give you back clerk-stamped (“conformed”) copies to show these documents were filed:
•PETITION FOR TEMPORARY APPOINTMENT OF GUARDIAN
•(if applicable) PETITION FOR APPOINTMENT OF PERMANENT GUARDIAN OF A MINOR, AND
NOTE YOUR “JG” CASE NUMBER: The case number assigned is stamped in the upper right-hand corner of all the documents the clerk stamped for you. The case number always starts with the initials ”JG”. Use this number on every paper you file with the court from now on.
5. (If applicable) Schedule the Permanent hearing date: Take originals of one or both of the following papers to Juvenile Court Administration:
•INSTRUCTIONS AND REQUEST FOR HEARING DATE; AND
Take 2 copies of these Clerk-stamped (conformed) papers to Juvenile Court Administration:
•PETITION FOR APPOINTMENT OF GUARDIAN FOR A MINOR,
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Juvenile Court Administration will, if applicable, schedule the permanent hearing on the form called INSTRUCTIONS AND REQUEST FOR HEARING DATE and return it to you. Now you know the date, time, and location of the hearing on the permanent appointment, and the name of the Judge or Commissioner who will hear the case.
6. To schedule the hearing on the Temporary or emergency appointment:
If you have requested that a temporary guardian be appointed, Juvenile Court Administration will take the Petition for Temporary Appointment of Guardian to the assigned Judicial Officer for review. The assigned Judicial Officer will set a hearing date ONLY if he/she agrees that an emergency exists.
If the Judge decides to give you a hearing on the petition for Temporary Appointment of a Guardian of a Minor, court staff will provide you with 2 copies of a NOTICE OF HEARING form. You will need to give notice of the hearing to everyone entitled to notice before the hearing. See #7, below, and Packet Part 2--Service and Notice of the Court Hearing, for information on who must be given notice.
7.LEGAL NOTICE: You must give notice about the court case: If this is an emergency hearing with notice, you must give notice to everyone required to be given notice under Arizona law of a petition for permanent guardianship, as required by Arizona law (A.R.S. §14-5310 and 14-5401). See Packet Part 2--Service and Notice of the Court Hearing. Notice must be complete before the hearing.
•If this is an emergency hearing without notice, you must give notice to the person who needs the temporary or emergency guardianship by personal service within 72 hours after the Court hearing. No other notice is required in these cases.
SECTION 2: PREPARE for THE HEARING
8.Legal Notice Before the hearing: If you were required to give advance notice of the
temporary or emergency hearing, file the originals of the following documents: NOTICE OF HEARING, WAIVER OF NOTICE, (If applicable), and PROOF OF NOTICE.
Bring copies of all 3 documents with you to the hearing to be “conformed” (stamped by Court staff). Do this as soon as possible, at least 3 business days before the hearing on the temporary petition. Otherwise, bring these documents with you to the hearing.
9.Documents to bring to the hearing: Bring to the hearing the original documents, and any documents you filed with the Clerk, such as:
•Proof of Notice of Hearing
•Waiver of Notice, (if applicable)
•Acceptance of Service (if applicable)
•Affidavit Supporting Publication (if applicable)
10.Other information to know before the Court Hearing:
•The Juvenile Court uses a digital audio recording system to preserve the official court record of the proceedings. If a party want a court reporter to record a proceeding in the Juvenile Court, they must file a written request with the Clerk of Court and Juvenile Court Administration at least
72 hours before the start of the guardianship proceeding.
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•If you need a court interpreter, telephone 602-506-0490 at least 10 days before the hearing.
•Be prepared to testify at the Court hearing about why you think the Guardianship is needed. Bring with you to Court any witnesses you think will help you testify.
•Tell the Judge about the case, and why the temporary appointment is necessary. Bring all paperwork with you that you think is applicable, such as reports about the person you say needs the guardian, police or Child Protective Services (CPS) records concerning the person, etc.
SECTION 3 – AFTER THE COURT HEARING
11.Go to the Court Clerk: Ask whether the Judge signed the Order, and when you can get a copy of it. After you receive the Order for Temporary Guardianship, you will need a certified copy to show you are the person officially appointed by the Judge. There is a $26.00 certification fee plus $0.50 per page to do this. Payment may be made in cash (in person only) or by check or money order made payable to the Clerk of Court.
If you did not already give legal notice about the PETITION FOR TEMPORARY APPOINTMENT and the court hearing as described in STEP 7, then you must now give notice of the court papers and the hearing to everyone who is entitled to know about the court case before the hearing date.
12.Other help: Court personnel can answer certain limited questions about the procedures involved, but only an attorney can give you legal advice. You can call the Maricopa County Bar Association’s Lawyer Referral Service at 602-257-4434 to schedule a half-hour consultation for $35, or find a lawyer in the yellow pages of your telephone book (or online) under “attorneys”.
The Self-Service Center also has a list of lawyers who will, for a fee, assist you on a task-by-task basis or advise you on how to conduct your own case. The list shows where the lawyers are located, how much they charge to look over the court papers or answer your questions, and what their experience is. You
may view the list at the Self Service Center or on the Court’s web site at:
www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/LawyersAndMediators/
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Name of Person Filing Document: Address:
City, State, Zip Code:
Telephone Number:
Attorney Bar Number (if applicable): Representing Self or Attorney for
For Clerk’s Use Only
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY JUVENILE COURT
In the matter of Guardianship of:
A Minor
Female
Male
Case Number JG
JUVENILE GUARDIANSHIP INFORMATION SHEET
THIS FORM IS TO BE COMPLETED BY THE PETITIONER(S) AND RETURNED
TO THE CLERK AT THE TIME OF FILING THE PETITION.
This information is confidential and for Court use only, and is not part of the public record.
DESCRIPTION OF
PETITIONER
CO-PETITIONER
Name
Address
City, State, Zip
Telephone Number
(
)
Date of Birth
Social Security Number
Passport Number
Ethnicity
Height
Weight
Color of Hair
Color of Eyes
Relationship to person(s)
to be protected
Private Fiduciary Certification or Licensing Number:
Date of birth of Minor(s): (Month/Day/Year)
Is the person you are seeking to assist a foreign national?
Yes
No
If yes, please specify country:
Is the Minor(s) or a sibling of the Minor(s) involved in a Juvenile Dependency action?
Will you or any person required to receive notice need a court interpreter?
If “Yes”, what language(s) ?
YES
NO
© Superior Court of Arizona in Maricopa County
JG10f-071012
Name of Person Filing Document:
Address:
Attorney Bar Number (if applicable):
Representing Self (Without a Lawyer OR Attorney for
FOR CLERK’S USE ONLY
SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
In the Matter of Guardianship of:Case Number: JG
PETITION FOR
TEMPORARY APPOINTMENT
OF A GUARDIAN FOR A MINOR
EMERGENCY APPOINTMENT
WITHOUT NOTICE REQUESTED
INFORMATION FROM GUARDIANS, UNDER OATH or AFFIRMATION:
1.INFORMATION ABOUT PETITIONER
Name:
Street Address:
Telephone:Date of Birth:
I am related by blood to the children. Explain how you are related. (Examples: grandmother, uncle, sister, etc.)
Are you related to the children through the Mother’s side of the family or the Father’s side?
Mother
Father
Paternity has been established through
Birth Certificate
Court Order
I am NOT related by blood to the children. Explain how you know the children.
Note: If the person to be appointed Guardian is not related to the child, the person will need
to submit a full set of fingerprints to obtain a criminal background investigation.
JGT11f 042313
Use only most current version
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PTT
Case No.
2.INFORMATION ABOUT THE CHILDREN WHO NEED A TEMPORARY
GUARDIAN:
(Make copies of this page if needed for additional children)
male female
a. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
b. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
male
c. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
female
d. Child’s name: Child’s birth date: Child’s birth place: Child’s address:
(If more than four children, please attach information for all children)
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Filling out the Guardianship of Minors form in Arizona requires careful attention to detail. This process involves several steps to ensure that all necessary information is accurately provided. Following these steps will help in successfully submitting your request to the court.
Filling out the Guardianship of Minors form in Arizona can be a complex process. Many individuals make mistakes that can delay or complicate their application. One common error is failing to provide complete information on the Petition for Temporary Appointment of a Guardian for a Minor. Incomplete forms can lead to unnecessary delays. Ensure that every section is filled out thoroughly, as missing details may result in the court rejecting your application.
Another frequent mistake involves not following the specified instructions regarding document preparation. The guidelines clearly state to use black ink and to make two copies of all completed forms. Neglecting these instructions can cause issues during filing. Adhering to the court's requirements is essential to ensure your documents are accepted without complications.
People often overlook the necessity of filing separate cases for multiple children with different parents. If the minors do not share the same parents, each set must be filed as a distinct case. This oversight can create confusion and delay the guardianship process. It’s crucial to understand the specific requirements for your situation to avoid this pitfall.
Additionally, many applicants fail to check the correct filing location based on their zip code. The court has designated facilities for different areas within Maricopa County. Presenting your documents at the wrong location can lead to processing delays. Always verify the appropriate facility to ensure your application is handled efficiently.
Lastly, some individuals neglect to address the filing fee. There is a fee associated with submitting the guardianship forms, which must be paid or deferred prior to filing. Ignoring this requirement can result in the court rejecting your application outright. If financial difficulties arise, consider applying for a fee deferral or waiver to avoid this issue.