Guardianship cases involve a third party seeking legal authority to care for children when the biological parent or parents are unable or unfit to do so. This may occur due to death, serious illness, financial inability, or other circumstances that prevent a parent from providing proper care. If the court grants guardianship to the petitioner, the biological parent does not necessarily lose custody.
Guardianship cases are filed in probate court but are procedurally similar to divorce cases. They follow the same rules of civil procedure, including filing a Petition for Guardianship, an Affidavit of Father’s Circumstances (if applicable), an Affidavit of Consent by the Mother (if applicable), and a Request for Hearing. The Court schedules a Pre-Trial Hearing where the parent may appear and object to the petitioner assuming guardianship. If an objection is raised, the court may order mediation before setting the matter for trial. Guardianship cases differ from divorce cases in that discovery and depositions may be taken immediately after the petition is filed.
Example: The Mitters
Carolyn represented clients—referred to here as the “Mitters” for confidentiality—who were seeking guardianship over two young girls, ages 6 and 3. The mother (age 34) had sole legal and physical custody following a divorce in November 2022 in the Fourth Judicial District Court. She had been providing housing, utilities, school supplies, clothing, and medical care for the children.
In May 2025, the mother was diagnosed with ovarian cancer, and the father had failed to pay even minimal child support ($50 per month). Mrs. Mitter, the children’s biological aunt, sought guardianship to ensure the children were cared for during their mother’s illness. The children resided in the Mitters’ home while the mother underwent chemotherapy. The father, acting pro se, filed multiple pleadings, including Motions to Consolidate, claims of discrimination, and objections to discovery.
Carolyn handled the case strategically by requesting that the Court order mediation in good faith and, if unsuccessful, proceed to trial. Due to the mother’s limited life expectancy, Carolyn preserved her testimony through a deposition to ensure her statements were on the record. She also filed a Motion to Expedite Discovery, reducing the standard 180-day discovery period to 60 days, allowing for an expedited trial.
Ultimately, Carolyn represented the Mitters at trial before Judge Shawn Howell of the Fourth District Court and successfully secured guardianship. The Court’s order included visitation for the father, maintaining his relationship with the children while ensuring their financial and emotional stability.
Why Guardianship Matters
Guardianship cases are always decided based on the best interests of the child. In this case, factors included the father’s failure to consistently pay child support, his lack of financial contribution for basic needs over three years, and his transient and unstable living situation. Carolyn presented these factors effectively, demonstrating how the Mitters could provide a safe, stable, and supportive environment for the children.
If you need to file for guardianship, Carolyn has extensive experience handling all aspects of the process, from filing the Petition for Guardianship to appearing at hearings. Many guardianship cases are resolved through mediation; however, when necessary, Carolyn is prepared to represent clients at trial.
If you are a parent opposing a third party seeking guardianship, Carolyn can also evaluate the case from both perspectives and provide representation to protect your parental rights.
Much of a divorce or custody case is handled through legal writing and motion practice, including filing the divorce petition, preparing motions for temporary orders, and drafting mediation agreements. Strong research and writing skills are essential at each step of the case, shaping the arguments presented to the Court and protecting your legal interests.