This content was last updated on 6/23/2025
- What is a guardianship for a minor child?
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Usually, only a parent of a child has the legal right to make decisions about that child. But if a parent can’t or won’t make decisions for their child, then a court can appoint someone else to do it. This person is called the child’s guardian. They can make decisions for a child like a parent would. The decisions can be about a child’s care or property. This is a legal guardianship of a minor.
- Does a guardian have to be related to the minor child?
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No. The guardian does not have to be related to the child.
- Who can be a guardian in Kentucky?
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A guardian of a minor child must be over the age of 18 years and live in Kentucky.
- What are the types of guardianships for a minor child in Kentucky?
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A guardian for a minor child usually is either a
- guardian
- limited guardian or
- conservator
A guardian is responsible for the care, custody and control of the minor child. They are also responsible for handling the child’s money or other financial resources.
A limited guardian is responsible for the care and control of the minor child. They don’t have the power to manage the child’s money or financial resources.
A conservator is responsible only for managing the child’s money or financial resources.
- Who can file for guardianship for a minor child?
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In Kentucky, anyone can petition for guardianship of a minor child. This includes family members, friends, or other interested parties. An interested party is a person who believes they can take better care of the child than the current parent or guardian.
- How does the court decide if a minor child needs a guardian?
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The court's first concern is always the best interest and well-being of the child. They look at things like:
- the child's relationship with the person who wants to be the guardian,
- can the guardian provide a stable and nurturing place for the child, and
- what the child wants (if the child is old enough to say)
- What does a guardian do?
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A guardian does the same things that a parent does. For example, the guardian can:
- have the child live with them.
- decide where the child goes to school. They can meet with teachers and make decisions about education.
- be involved in the child’s life. This way the guardian knows about their abilities, limitations, needs, opportunities, physical health and mental health.
- take care of the child's belongings like clothes or toys.
- save money for the child for their future needs.
- Can a child ask the court for a guardian?
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A child can ask the court to appoint a guardian for them. The child must be 14 years of age or older and able to make a reasonable decision.
- Can a guardianship end?
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A guardianship can be ended if:
- If a biological parent feels their life has gotten better and they can now care for the child, they can ask the court to review the guardianship. A judge can end the guardianship if they decide that the child’s living situation would be better if they lived with their biological parent. A judge can also end the guardianship if the guardian isn’t taking good care of the child.
- The current guardian gives up guardianship. A guardian can keep custody of the child until they turn 18. But, a guardian can agree to transfer custody back to the child’s biological parent if the parent’s situation has changed for the better.
A guardian can also give up a guardianship if their life changes and makes it too hard to care for the child.
When a guardian gives up custody, the court appoints a new guardian or gives custody back to the parents if they are fit to care for the child.
- Where do I file for guardianship for a minor child?
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Usually, you file for guardianship in District Court- Probate Division in the county where the minor child lives. If the parent(s) died and there’s a will that names you as guardian AND the will was probated, then you file for guardianship in the District Court- Probate Division in the county where the will was probated.
- What forms do I have to file with court if I want to be a guardian for a minor child?
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There are 2 forms you must file with the court. Both are filed at the same time to start the process. You must use these court forms.
Petition for Appointment of Guardian/Conservator for Minor
Verified Application for Appointment as Guardian/Limited Guardian/Conservator
- Once I am appointed as a guardian or conservator for a minor child, are there reports I have to file with the Court?
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Yes. You must file an “inventory” with the court within 60 days of appointment. You must also file a “periodic settlement” with the court every 1-2 years after that, depending on the value of the child’s assets. When the guardianship is over, you must file a final settlement.
These are the forms that you will use.
