NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS — SPECIAL PROCEEDINGS

SP-900 — Petition for Guardianship of Minor (Nonparental)

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← FORMVANA NC FORMS VIEW ALL FORMS →
01 PETITIONER'S ATTORNEY
02 PETITIONER INFORMATION
03 MINOR'S INFORMATION
04 PARENTS' INFORMATION
05 REASON GUARDIANSHIP IS NEEDED
06 PETITIONER'S QUALIFICATIONS
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MINOR GUARDIANSHIP — KEY RULES

  • Different from adoption — parents' rights are NOT terminated by guardianship
  • Guardian can make day-to-day decisions for the child
  • Temporary guardianship is available pending the full hearing
  • Parents retain the right to petition to terminate guardianship
  • Often used by grandparents, aunts, and uncles
  • Best interests of the child is the controlling standard
  • Attach birth certificate and evidence of relationship

STATUTORY REFERENCE

G.S. 35A-1224Petition for guardianship
G.S. 35A-1225Hearing; appointment
G.S. 35A-1221Best interests standard
AOC-SP-900Nonparental Guardianship

DOCUMENTS TO ATTACH

  • Minor's birth certificate
  • Evidence of petitioner's relationship to child
  • Any existing court orders (DSS, custody)
  • Documentation of parents' incapacity / incarceration / death if applicable

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