Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Petition For Appointment Of Guardian Of Minor Form. This is a Montana form and can be use in District Court Statewide.
Loading PDF...
Tags: Petition For Appointment Of Guardian Of Minor, Montana Statewide, District Court
_________________________
(Petitioner’s name)
_________________________
(Petitioner’s street address)
_________________________
(city, state, zip code)
_________________________
(Petitioner’s phone number)
MONTANA ____________________ JUDICIAL DISTRICT COURT,
(number of district in which your county is located)
____________________ COUNTY
(name of your county)
In the Matter of the Guardianship of :
_________________________,
a Minor,
_________________________,
Petitioner.
)
)
)
)
)
)
)
)
)
)
Your Case No.
PETITION FOR APPOINTMENT OF
GUARDIAN OF A MINOR
COMES NOW, Petitioner, and respectfully states:
1.
I am the _______________________________ of the above-named minor. I reside at
Describe your relationship to the minor
____________________________________________________________________________.
I am genuinely interested in the physical, mental, moral, and emotional health needs of the
minor. The welfare and best interests of the minor will be best served by my appointment as
guardian of the minor.
2.
The minor is _____ years of age. The minor’s date of birth is _____________________.
Minor currently resides at ________________________________________________________
_____________________________________________________________________________.
Petition for Appointment of Guardian of a Minor
Page 1
American LegalNet, Inc.
www.FormsWorkflow.com
3.
The person who has had the principal care and custody of the minor during the last 60
days is ________________________________, who resides at ___________________________
_____________________________________________________________________________.
4.
Venue for this proceeding is proper in this county because
the minor currently resides in this county.
the minor currently is present in this county.
5.
The minor is not emancipated and does not currently have a guardian by instrument or
will. No previous court order has appointed a guardian for the minor. There are no currently
pending guardianship proceedings involving this minor.
6.
Choose one:
The minor is under 14 years of age.
The minor is 14 years of age or older and nominates me to be guardian. A copy
of the minor’s signed nomination is filed herewith.
The minor is 14 years of age or older and has failed to nominate a guardian.
7.
______________________ is the minor’s natural mother. The minor’s mother currently
resides at _____________________________________________________________________.
The custody rights of the minor’s mother (choose one):
have been terminated, suspended, or limited by prior court order. A copy of the
pertinent court order is attached to this petition.
have been terminated, suspended, or limited by the following circumstances:
The mother has waived her rights to custody and consented to my
guardianship of the minor. A copy of the mother’s waiver and consent is
attached.
The mother is incarcerated. A copy of the appropriate sentencing order is
attached.
The mother has disappeared. A copy of the missing person’s police report
regarding the mother is attached.
The mother does not have the ability to care for the minor because of a
mental or physical disability. Appropriate documentation is attached.
The mother is deceased. A copy of the mother’s death certificate is
attached.
Petition for Appointment of Guardian of a Minor
Page 2
American LegalNet, Inc.
www.FormsWorkflow.com
Other: (explain in detail): ______________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
8.
Choose one:
___________________________ is the minor’s natural father. The minor’s
father currently resides at ________________________________________________________.
Paternity has not been established.
9.
If paternity has been established, the custody rights of the minor’s father (choose one):
have been terminated, suspended, or limited by prior court order. A copy of the
pertinent court order is attached to this petition.
have been terminated, suspended, or limited by the following circumstances:
The father has waived his parental rights to custody and consented to my
guardianship of the minor. A copy of the father’s waiver and consent is
attached.
The father is incarcerated. A copy of the appropriate sentencing order is
attached.
The father has disappeared. A copy of the missing person’s police report
regarding the father is attached.
The father does not have the ability to care for the minor because of a
mental or physical disability. Appropriate documentation is attached.
The father is deceased. A copy of the father’s death certificate is attached.
Other: (explain in detail): ______________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
10.
Notice of the time and place of the hearing on this petition is required to be given
pursuant to Mont. Code Ann. § 72-5-225 to the following persons (mark the boxes that fit your
circumstances):
Petition for Appointment of Guardian of a Minor
Page 3
American LegalNet, Inc.
www.FormsWorkflow.com
the minor, ______________________________, who is 14 years of age or older
______________________________, the person who has had the principal
care and custody of the minor during the last 60 days
mother of the minor, if still living:______________________________________
father of the minor, if paternity is established and father is still living:__________
__________________________________________________________________
11.
Due to the relationship between myself and the minor, I believe that the minor’s interests
will be adequately represented without the need for the appointment of an attorney from the
Office of the State Public Defender to represent the minor.
WHEREFORE, Petitioner requests that:
1.
The Court fix a date and time for hearing this Petition.
2.
Notice be given as required by Mont. Code Ann. § 72-5-225.
3.
The Court appoint Petitioner as guardian of the above-named minor, to serve without
bond.
4.
Letters of Guardianship be issued by the Court to Petitioner.
5.
The Court enter other relief that it deems just and equitable.
DATED this ____ day of ___________________, _____.
(date)
(month)
(year)
________________________________________
(Your signature)
State of __________________________
County of_________________________
SIGNED AND SWORN (OR AFFIRMED) to before me on __________________, 20___
by _______________________________________.
__________________________________________________
Notary Public for the State of _________________
Printed name of notary _______________________
Title or rank: ______________________________
Residing at _______________________________
My Commission Expires: ____________________
Petition for Appointment of Guardian of a Minor
Page 4
American LegalNet, Inc.
www.FormsWorkflow.com
