How to Get Guardianship of a Child in Florida: A Step-by-Step Guide

Becoming a legal guardian isn’t something most people plan for—but life has a way of throwing unexpected challenges our way. Maybe a relative’s child needs a stable home, or a close friend’s situation has changed overnight.

No matter the reason, stepping up as a guardian is one of the most selfless and loving decisions you can make. It’s normal to feel a little overwhelmed, but don’t worry—we’re here to help.

But First, Let’s Talk About Guardianship

In Florida, guardianship of a child means taking on the responsibility of making legal decisions for a minor child when their parents are unable to do so. This includes choices about medical care, education, and daily life.

Guardianship may be temporary or permanent, but either way, it plays a crucial role in ensuring the child has a stable and supportive environment.

Now that we understand what guardianship entails, let’s walk through the steps to obtaining it.

Step 1: Choose the Right Type of Guardianship

Before starting the legal guardianship process, it’s important to figure out what type of guardianship fits your situation best.

1. Temporary Guardianship: A Short-Term Solution

Life is unpredictable. If a child’s parents are facing a temporary hardship—like military deployment, health issues, or financial trouble—temporary guardianship allows you to care for the child while the parents get back on their feet. This arrangement doesn’t terminate parental rights, but it does require court approval.

2. Permanent Guardianship: A Long-Term Commitment

Sometimes, a child’s parents are unable to provide care for the foreseeable future. Whether it’s due to incapacity, abandonment, or other circumstances, permanent guardianship ensures the child has a stable, loving home. Unlike temporary guardianship, this arrangement is long-term and requires more extensive legal steps.

3. Guardian of the Person vs. Guardian of the Estate

Guardian of the Person: You’ll be responsible for the child’s day-to-day life—where they live, their education, medical care, and overall well-being.

Guardian of the Estate: If the child inherits money or property, you’ll be responsible for managing their financial affairs until they become an adult.

Choosing the right guardianship depends on the child’s needs and your ability to provide for them in the best way possible.

Step 2: Make Sure You Qualify

Before filing any paperwork, check if you meet Florida’s legal requirements. To become a legal guardian, you must meet certain qualifications. A parent may also nominate a guardian in advance through a will or legal document.

• Be at least 18 years old
• Have no felony convictions
• Be physically and mentally capable of taking care of the child
• Have no history of abuse or neglect

If you check all these boxes, it’s time to gather some important documents:

• The child’s birth certificate
• Proof of your relationship to the child (if applicable)
• The parents’ written consent (if applicable)
• Any existing custody agreements or legal documents relevant to the child’s care

If one or both parents are unable or unwilling to consent, the court may step in to determine what is in the child’s best interest. A guardian may also need to provide evidence showing why the guardianship is necessary. The process can become more complex—but it’s still possible with the court’s approval.

Step 3: File a Guardianship Petition

Once you’re ready, you’ll need to file a petition for guardianship with the probate court in the county where the child lives. This petition should include:

• Your name, contact information, and relationship to the child
• Details about the child’s current living situation
• The reasons why guardianship is necessary
• Any supporting documents, such as medical records or affidavits from teachers or doctors

After you file, the court will review your petition and schedule a hearing.

Step 4: Attend the Guardianship Hearing

At this stage, the court must determine whether guardianship may be granted based on the evidence presented. The court hearing is your chance to show the judge that granting you guardianship is in the best interest of the child. You may need to answer questions like:

• Why does the child need a guardian?
• How do you plan to provide for them?
• Are you financially stable and emotionally prepared for this responsibility?

In some cases, the judge may appoint a guardian ad litem—a neutral third party who will investigate the situation and make recommendations. If the child is old enough, the court may also take their opinion into account.

Under Florida law, F.S. 744.3031 allows for emergency guardianship when immediate action is needed to protect a child’s well-being.

If all goes well, the court will grant your request, and you’ll receive letters of guardianship, the official document that gives you the legal authority to act as the child’s guardian.

Step 5: Embrace Your Responsibilities as a Guardian

A legal guardian must go beyond just having authority; they must provide care and protection for the child’s best interests.—it’s about being a source of stability, love, and guidance. Your responsibilities will include:

• Providing a safe and nurturing home
• Enrolling the child in school and making educational decisions
• Making medical and healthcare choices
• Managing any financial assets in their best interest
• Filing reports with the court if required

This role is life-changing, not just for the child, but for you as well.

Common Questions About Guardianship in Florida

Do I Need Court Approval for Temporary Guardianship?

Yes! Even if both parents agree to it, the court must approve the arrangement to ensure it serves the child’s best interests.

Can a Parent Take Back Custody After Guardianship Is Granted?

It depends. If the guardianship is temporary, parents can petition to revoke it. Permanent guardianship, however, is more difficult to reverse without significant changes in circumstances.

What If the Child Has No Living Parents?

In cases where both parents have passed away, the court will appoint the most suitable guardian based on the child’s best interests. The judge may also consult a guardian ad litem to help make the decision.

How Long Does the Process Take?

It varies depending on the complexity of the case. If the guardianship is uncontested, it could take just a few months. If contested, it may take longer.

You’re Not Alone—We’re Here to Help

Becoming a legal guardian is a life-changing commitment that ensures a minor child receives the care they need. It’s a legal process, yes, but at its heart, it’s about ensuring a child has the love, care, and stability they need.

At Vollrath Law, we know how much this decision matters, and we’re here to help make the process as smooth as possible. If you’re considering guardianship, let’s talk. Reach out to us today for a consultation, and let’s take this journey together.