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A guardianship case can be started by filing paperwork called "Petition for Appointment of Guardian" in the county where the child lives. This paper work can be filed in either Surrogate's Court or the Family Court. Both Surrogate's Court and Family Court can appoint a guardian of the person for a child.
If you are a guardian, and you want to relinquish guardianship, file a Resignation of Guardian with the Court. Then, file a final report of your activities as a guardian. Ask the judge to set the matter for hearing. At the hearing, ask the judge to discharge you as guardian, and to approve the final report.
If the parents are alive and unable to come to court, Form 6-4 Waiver of Process, Renunciation or Consent to Guardianship should be completed by the parent(s). This form should be signed and notarized. Proposed Guardian should also bring proof of identification, preferably a picture ID, and proof of residence.
The child, the guardian or any third party can make an application to the court to have the guardianship reversed. Guardianship agreements can only be reversed by the court who have the power to terminate the agreement. The court will only reverse the agreement where doing so is in the best interests of the child.
To obtain guardianship of a child, a person must file a petition in court. A petition is a legal form that allows a person to ask the court for something. Any person 18 years old or older can file a petition in court to become a guardian.