17th Circuit Court

Minor Guardianships

As part of the Circuit and Probate Court’s Concurrent Jurisdiction Plan, minor guardianship cases were moved to the Circuit Court in 2020. All minor guardianship cases are now assigned to Circuit Court Judges. Filings, copies, and all filing related questions are handled by the Circuit Court Clerk’s Office. The Probate Court is no longer involved in processing documents or holding hearings for minor guardianships.

Forms to open, modify, or terminate a minor guardianship can be obtained from the  Legal Assistance Center, located on the 5th Floor of the Kent County Courthouse. Certified copies of Letters of Guardianship can be purchased from the Circuit Court Clerk located on the second floor of the Courthouse.

Petitions for Guardianship and Petitions to Terminate or Modify Guardianship generally need a home study completed by the Michigan Department of Health and Human Services (MDHHS). To allow for a home study, hearing dates must be scheduled at least six weeks out from the filing date. Available hearing dates can be found here. Temporary Guardianship or emergency hearings can be set using motion dates provided here.

Annual Report of Guardian on Condition of Minor

All guardians must file an Annual Report as directed in their Acceptance and Letters of Guardianship. The Annual Report is form PC654 and is available here. The report must be filled out to its entirety and signed by the guardian. If co-guardians are appointed, each must sign the Annual Report or both may choose to submit individual Annual Reports. Failure to file may result in a Show Cause Hearing and possible suspension of guardianship. Reports should not be filed more than 21 days prior to the due date.

Filing for Full or Limited Guardianship

Petitioners should use the updated Circuit Court versions of Minor Guardianship Forms. The Legal Assistance Center provides forms to file minor guardianships and can assist in preparation of forms. They do not provide attorneys or legal advice. There are different forms based on which type of guardianship you are filing for (full or limited).

Forms Required to File New Guardianships

Full Guardianship

• Petition for Appointment of Guardian of Minor
• Minor Guardianship Social History
• Order Appointing Person to Review/Investigate Guardianship
• Notice of Hearing (Full Guardianship)
  NOTE: hearing date must be scheduled 6+ weeks out
• Proof of Service
  NOTE: this should be filed after petitioner serves required parties
• Acceptance of Appointment (Full Guardian)*
• Order Regarding Appointment of Guardian of a Minor*
• Letters of Guardianship*

*These forms will be finalized at the hearing

Limited Guardianship

• Petition for Appointment of Limited Guardian of Minor
• Minor Guardianship Social History
• Limited Guardianship Placement Plan
• Order Appointing Person to Review/Investigate Guardianship
• Notice of Hearing (Limited Guardianship)
  NOTE: hearing date must be scheduled 6+ weeks out
• Proof of Service
  NOTE: this should be filed after petitioner serves required parties
• Acceptance of Appointment (Limited Guardian)*
• Order Regarding Appointment of Limited Guardian of Minor*
• Letters of Guardianship*

*These forms will be finalized at the hearing

Cost to File & Fees

To start a new minor guardianship (filing a new petition) the filing is $175.00. The Clerk’s Office accepts cash or checks. For all filings, the payment is required at the time filing unless there is an approved fee waiver. To apply to have the fees waived, you would need to complete form MC20 and have it reviewed by the Court.

More information on filing fees can be found here.

FAQs

• I am a guardian and am moving, what do I need to do?

  As a guardian, you are required to get approval from the Court to move. You must file a motion and have a court hearing. The Legal Assistance Center can help with the paperwork required.

• I am a guardian and want to travel out of the state with the minor, how do I get court approval?

  Court approval is required to travel out of the state. You can complete this form and submit it to the Clerk’s Office to request travel.

• I am a guardian of a child under six years old, why is MDHHS contacting me for a home study each year?

  The court orders MDHHS to review guardianships each year until the child has reached the age of six. Failure to complete the review with MDHHS may result in a Show Cause Hearing.

• How soon can I become a guardian?

  Typically, new Petitions need to be set for a hearing at least six weeks out to allow for a Home Study. You can request a temporary guardianship if a sooner determination is needed. Separate forms need to be filed for temporary hearings.

• I have other cases with Family Division of the Circuit Court, will my minor guardianship be assigned to the same judge?

  No, the judges for minor guardianships are assigned to the Civil/Criminal Division of the Circuit Court and are randomly assigned unless there is a prior guardianship case.

• I need to file my Annual Report, how do I do that?

  The Annual Report is available here. This must be submitted each year as required on your Letters of Guardianship. Failure to file can result in a suspension of your guardianship and possible termination. Completed Annual Reports must be filed with the Circuit Court Clerk’s Office in person or by mail. They are located at 180 Ottawa Ave NW Suite 2400, Grand Rapids, Michigan 49503.

• I am no longer able to be a guardian, what can I do?

  You are named the guardian until the court issues an order changing that. You would need to file a Petition to Terminate/Modify Guardianship and have a hearing. You will remain responsible as the guardian until the court makes a change.

• My Letters of Guardianship are going to expire, what do I need to do?

  Guardians need to file an Annual Report each year, on or before the expiration date of the Letters. Failure to file will result in a Notice of Deficiency, Show Cause Hearing and/or suspension of the guardians.

• How do I get a certified copy of my Letters of Guardianship with a Court seal?

  Both regular and certified copies can be purchased from the Circuit Court Clerk’s Office.

• Are there different types of guardians? What types?

  The court can appoint a temporary, full or limited guardian.

  Temporary guardianship may be necessary where immediate decisions affecting the child’s health or welfare is required pending a full hearing on a guardianship petition. Separate paperwork is required to file a temporary guardianship. Please contact the Legal Assistance Center for the required paperwork.

  A full guardian is someone who cares for a child in place of the parent(s). The child must be living in the home of the proposed guardian at the time the petition is filed. A full guardianship may continue until the ward turns 18. A full guardianship may be modified or terminated through the filing of a petition. Please contact the Legal Assistance Center for the required paperwork.

  A limited guardian is appointed at the request of the parent or parents with legal custody of the child. A limited guardianship placement plan is agreed to by both the parents with custody of the minor and the person(s) whom the court will appoint as the minor’s limited guardian. Failure to comply with the plan without good cause may result in the termination of the parent’s parental rights.