Family & Safety

To terminate an existing guardianship of a child, fill out and sign the forms listed below. Make at least three copies of each form.

• Petition to Discharge Guardianship of a Minor: Complete this form to ask the court to discharge the current guardian. If you are the child's parent, you can use our program to help you fill out the petition. 
• Application for Waiver of Court Fees (optional): Asks the court to participate in the court case for free if you do not have money to pay the court filing fees.

You must send a Notice of Motion along with your Petition to Discharge Guardianship of a Minor to the following people:

• The current guardian,
• Anyone who was given notice of the initial petition the first time the court appointed a guardian, and
• The child, if they are 14 years old or older.

You can find out who was given notice the first time around by looking at Exhibit A attached to the original Petition for Guardianship of a Minor.

You must give the notice at least three days before the court hearing. You must send your Notice of Motion by certified mail.

When you go to your hearing, you must bring copies of your Petition to Discharge Guardianship of a Minor and Notice of Motion. You must also bring the following information, if it is known to you:

• Name, date of birth, and residence of the minor,
• Names and addresses of the relatives of the minor, such as the parents, adult siblings, and nearest adult family,
• Name and address of the current guardian,
• Your name, address, and occupation, and
• Facts about any current juvenile, adoption, parentage, dissolution, child support, or guardianship court cases related to the minor or the parents of the minor.

To end the guardianship, you need to show that circumstances have significantly changed since the guardian was appointed. You must also show that it's in the child's best interests to end the guardianship.

The judge will consider:

• The relationship between the minor and parents, and also members of the parents' household,
• The ability of the parent to provide a safe, nurturing environment,
• The stability of the people involved,
• How the minor has adapted to his or her school, home, and community, and
• The history of visitation by the parents and the guardian's willingness for visitation.

The guardian can try to prove it is in the minor's best interests to continue the guardianship.

The judge can decide to end the guardianship after reviewing all of the information. Instead of ending the guardianship, it is also possible to ask for a new guardian if the current guardian can no longer serve in that role. The judge might also appoint a Guardian ad Litem (GAL) to investigate and schedule a later hearing to discuss their evaluation.