Florida Guardianship Process 2025 – Step by Step Guide

It can be difficult and unpredictable to plan a guardianship. Sometimes, becoming somebody’s legal guardian is an impromptu, sudden process that you don’t get the opportunity to plan for. It’s often done out of necessity after a terrible tragedy or sudden loss. Choosing to become a guardian can be a selfless, meaningful act that gives a child an opportunity to thrive. Before becoming a guardian, however, you may want to take some time to understand the Florida guardianship process.

An experienced guardianship lawyer can help you establish the necessary guidelines and fill out the required paperwork to become a legal guardian. It’s vital that you understand the entire process from start to finish. The last thing you want is to start the process and realize you mistakenly left out a crucial part of the process. That could cause indeterminable delays, among other consequences.

How Does the Florida Guardianship Process Work?

Establishing guardianship means taking on the legal responsibility of a minor child when the parents are unable to do so. This is usually done in the event of the parents’ death, incapacitation, or in the event that their parental rights are terminated by the court. Guardianship can be a provision in someone’s last will and testament if they want to make sure their children are cared for by somebody they trust. Guardianship can be permanent or temporary, depending on the case.

According to statistical data collected by the Florida Office of the State Courts Administrator, there were over 9,000 cases of guardianship filed in the circuit probate court throughout Florida during the 2023-2024 fiscal year. Adjusting to a new guardian and a new home can be a lot for a child to endure, especially if they have just lost their parents. You may want to consider reaching out to a local support group like the Center for Child Counseling. They can help you.

A Step-by-Step Guide

In order to understand everything that guardianship entails and what your responsibilities are as the new guardian of a child, it is vital that you understand the exact steps of the entire process from start to finish. Then, you can make an informed decision on whether or not you want to move forward. Here are the steps in the guardianship process in Florida:

• To begin, you have to choose the right kind of guardianship you want to pursue. Temporary guardianship will grant you the opportunity to care for a child while their parents figure things out and get back on their feet. It doesn’t terminate parental rights, but it does require court approval. Permanent guardianship is different. This arrangement does terminate parental rights and involves extensive legal focus.
• Next, you will need to make sure you qualify for guardianship by meeting the state’s requirements. You have to be at least 18 years old with no prior felony convictions. You have to be physically and mentally fit to take care of a child, and have no history of abuse or neglect. Once you qualify, you need to gather important documents, such as the child’s birth certificate and any existing relevant custody documents.
• Once the documents are gathered, you need to file a petition for guardianship. This petition will include your name, contact information, your relationship to the child, any details about the child’s current living situation, and the reason why seeking guardianship is necessary for the child’s welfare.
• Finally, you will attend a guardianship hearing where the court will determine if you should be granted guardianship. You may need to explain why you would make a fit guardian, how you plan to provide for the child, and whether you are emotionally and financially stable for this responsibility. If approved, you will now be the legal guardian of the child in question.

FAQs

Q: What Is Required for Guardianship in Florida?

A: To apply for guardianship in Florida, you will need to fill out a legal petition that describes your intent to be a guardian and explains why you are seeking guardianship. You will be required to submit substantial documentation about the child’s current situation and how you intend to make things better for them. Then, you will attend a hearing to explain your position before the court. A guardianship lawyer can help you through this process.

Q: How Long Does It Take to Get a Guardianship in Florida?

A: There is no telling exactly how long it will take to get a guardianship in Florida. Every guardianship case is different, with each case having its own specific contributing factors that may make it take longer. Those factors include the overall complexity of the case, court schedules, and whether or not guardianship will be contested by any disagreeable parties. The process can take anywhere from several months to well over a year, depending on the details.

Q: Can You File for Guardianship Without a Lawyer in Florida?

A: Yes, you can technically file for guardianship without a lawyer in Florida. However, due to the complexities of Florida laws surrounding guardianship, it is not recommended that you move forward without a lawyer. The right lawyer can make all the difference as you pursue guardianship. If you try to navigate your case without a lawyer, you could make any number of mistakes that could derail the entire process, possibly indefinitely.

Q: What Are the Downsides of Guardianship?

A: While becoming a guardian can be a meaningful act, it is not without its potential downsides. It can cause serious conflict between you and the original guardians, often the parents. If they are determined to get their child back, it could end up being a costly process for you. If circumstances change for you, terminating guardianship can be a very difficult and reputation-damaging process.

Reach Out to a Guardianship Lawyer Today

Understanding every step in the guardianship process can make your case easier to navigate, especially if you have already retained experienced legal counsel. Moving forward without a lawyer may result in a loss, and that could make things much worse for the child you are seeking to help.

The legal team at The Preston Law Firm can provide you with the legal resources you need to pursue your guardianship case. Contact us today to speak to a valued team member about your situation.