The New York Form 6-1 guardianship petition is the Family Court document a non-parent files to be appointed guardian of the person of a child or young person under 21. Filing it opens a proceeding under Article 6, Part 4 of the Family Court Act, and Family Court charges no filing fee.1New York State Unified Court System. New York State Filing Fees The judge decides whether appointing you serves the child’s best interests; if the answer is yes, you receive an order and letters giving you legal authority over the child’s care, schooling, and medical decisions.
When You’d Use Form 6-1
Guardianship is the route when a child’s parents are unable or unavailable to provide care and a non-parent needs legal authority to step in. That covers parental death, serious illness, incarceration, substance abuse, or an extended absence, and it also covers foster care cases where the permanency goal has shifted to legal guardianship.
A guardian is not the same as a parent. The appointment does not automatically end the birth parents’ rights, and parents may keep certain rights, including visitation, unless the court orders otherwise. Custody disputes typically involve at least one biological parent; guardianship puts a non-parent in charge.
Form 6-1 handles two related requests. Ordinary guardianship of the person applies to anyone under 21. Permanent guardianship is available only where parental custody has already been committed to an authorized agency through surrender or termination of parental rights, or where both parents are deceased.2New York State Senate. New York Code Family Court Act FCT 661 – Jurisdiction A permanent guardian has broader authority, including the power to consent to the child’s adoption.3New York State Senate. New York SCPA 1706 – Proceedings Thereupon
Grandparents, aunts, uncles, older siblings, family friends, and foster parents are the usual filers. If the child is already the subject of a pending Article 10 or Article 10-A proceeding with a permanency goal of legal guardianship, the petition must be filed with the court already handling that case.2New York State Senate. New York Code Family Court Act FCT 661 – Jurisdiction A young person 14 or older who wants to petition on their own behalf uses Form 6-1-a instead.4New York State Unified Court System. Guardianship Forms
What Goes on the Form
Form 6-1 asks for enough information for the court to judge whether you are a safe, suitable choice and whether the arrangement actually helps the child.5New York State Unified Court System. Form 6-1 – Petition for Appointment as Guardian of a Person or Permanent Guardian Work through it section by section.
The Child and You
Give the child’s full name, date of birth, complete residential address, and religion. The form calls the child the “subject of the proceeding.” Then give your own name, address, and relationship to the child. If the child currently lives with someone other than you or a parent, that person’s name, relationship, and address go on the form too.
Birth Parents and Next of Kin
List each birth parent’s name, relationship, and mailing address. If a parent is deceased, has surrendered the child, or has had parental rights terminated, say so. For permanent guardianship petitions, attach certified copies of the death certificate, surrender agreement, or termination order. If both parents are deceased, identify the nearest adult next of kin.
Why You Should Be Appointed
An open section asks you to lay out the facts supporting your appointment: your relationship with the child, your ability to provide a stable home, your commitment to the child’s well-being, and anything else showing the guardianship is in the child’s best interests. If a living birth parent exists, explain why that parent should not serve instead. Where the parents have not consented, you must allege extraordinary circumstances that give you standing to file. A relative who has been the child’s primary caretaker for a long stretch is on stronger ground here than someone with little day-to-day involvement.
Background Disclosures
You and every adult (18 or older) in your household must disclose:
- Any indicated child abuse or maltreatment report filed with the statewide central register under Social Services Law Section 412 or 422.
- Any involvement in an Article 10 child protective proceeding.
- Any current or prior order of protection or temporary order of protection.
You also disclose whether any prior guardian was appointed for the child and whether you have filed guardianship applications in any other court, including Native American tribal tribunals.
ICWA Notice
If the child is a Native American child under 18, the form asks you to confirm that notice went to the parent or custodian, the tribe or nation, and the U.S. Secretary of the Interior, with the date of each notification.
Consents
Indicate whether the birth parents, any foster parents, the local department of social services, and any attorney for the child have consented. A child aged 14 to 17 can express a preference for who should serve; anyone 18 or older must actually consent to the appointment.3New York State Senate. New York SCPA 1706 – Proceedings Thereupon
Documents to Bring When You File
Gather the attachments before your trip to the courthouse. Depending on the situation, you’ll need:
- For permanent guardianship: certified copies of any surrender, termination of parental rights order, or death certificates for both parents.
- For foster care cases: the local social services district’s assessment if available, plus any permanency hearing reports or orders.
- If the child is 14 to 17: a written statement of the child’s preference for the proposed guardian. If the child is 18 or older: their written consent.
- Any existing custody, guardianship, or child protective orders involving the child.
Bringing everything on the first visit keeps the clerk from flagging the petition as incomplete.
Filing Form 6-1 and Form 6-2
File the petition at the Family Court in the county where the child lives. There is no filing fee.1New York State Unified Court System. New York State Filing Fees You can download blank forms from the New York State Unified Court System website or pick them up at the clerk’s office.4New York State Unified Court System. Guardianship Forms
Alongside the petition, complete Form 6-2, the Affirmation and Designation for Service of Process. On it, you affirm under penalty of perjury that you are over 18, that you will faithfully discharge the duties of guardian, and that you are not otherwise ineligible to receive letters of guardianship. You also designate the county clerk of court as the person authorized to accept service of process on your behalf if you cannot be found within New York State.6New York State Unified Court System. Form 6-2 – Guardianship of Person of a Minor Affirmation and Designation for Service of Process Sign and date both forms before submitting.
Serving the Parties
Once the court accepts the petition and issues a summons, you must serve copies of the summons and petition on the interested parties: the birth parents if living and locatable, anyone else with legal custody or visitation rights, and any agency involved in the child’s care.
The person who delivers the papers must be at least 18 and cannot be a party to the case. A friend, relative, or professional process server all qualify. After delivery, the server completes an Affidavit of Service stating the date, time, and place of service, and including a physical description of the person served. The affidavit must be notarized and filed with the court before the next court date.7New York State Unified Court System. How to Serve Papers When Commencing an Action or Proceeding
If a parent cannot be located after a genuine effort, the court may authorize substituted service or service by publication. Document every attempt to find the parent, because the court will want to see that you tried before turning to alternatives.
The Hearing
At the hearing, the judge decides whether appointing you serves the child’s best interests. State law makes the child’s health and safety the paramount concern.8New York State Unified Court System. Best Interest of the Child Judges look at the length and strength of your relationship with the child, the stability of your home, why the birth parents cannot or should not serve, the child’s own wishes (especially for older children), and your ability to meet the child’s educational, medical, and emotional needs.
The court also asks the New York State Office of Children and Family Services whether you or any adult in your household is the subject of an indicated child abuse or maltreatment report.3New York State Senate. New York SCPA 1706 – Proceedings Thereupon An indicated report does not automatically disqualify you, but the judge will look closely at the circumstances.
If a living parent opposes the guardianship, the case is harder. You generally have to show extraordinary circumstances (prolonged separation, neglect, surrender, or unfitness) before the court will even reach the best-interest question. Without that showing, parental rights usually win out over a non-parent’s petition.
If the Court Grants Your Petition
The judge issues an Order Appointing Guardian of the Person or Permanent Guardian (Form 6-5) and Letters of Guardianship of the Person of a Minor (Form 6-6).4New York State Unified Court System. Guardianship Forms The letters are what you actually use out in the world. Show them to schools, doctors, insurance companies, and government agencies as proof of your legal authority. Keep certified copies handy for enrollment, medical appointments, and benefits applications.
As guardian, you have physical custody of the child and the right and responsibility to make decisions about the child’s protection, education, care, health, and medical needs.3New York State Senate. New York SCPA 1706 – Proceedings Thereupon A permanent guardian also has authority to consent to the child’s adoption.
Guardianship is not automatically permanent. It continues until the child turns 21 (or 18, depending on what the order says), until the court modifies or revokes it, or until another event the order specifies occurs. A parent who regains the ability to care for the child can petition to end the guardianship, and the court applies the same best-interest standard in deciding whether to restore parental custody.