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A Standby Guardianship is another alternative that allows parents to decide who will care for their child if they become unable to do so. This arrangement must be notarized and signed by the child's parents, in addition to the standby guardian. It is effective for up to 12 months.
The existence of a guardianship does not inherently override parental rights; however, when a guardianship is in place, a parent will have to contest the guardianship in order to regain physical custody of their child.
Petition for Guardianship of a Minor for a family member: $68.00 - if you do not have a lawyer. If you are not able to file the petition because you do not have the $68.00, you may ask the court to waive the filing fees.
At the hearing, give these temporary guardianship forms to the judge. The judge will tell you to sign the oath that is at the bottom of the letters of temporary guardianship. Sign this, and then the judge will sign both papers. After your hearing, take these papers to the court clerk, and ask the clerk to file them.
The parents will sign and notarize a short-term guardianship agreement. Only one parent's signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND. If the child is 14 or older, the child will sign the agreement.