Petition for Guardianship of a Minor (Interactive Form)

You can use the interactive Petition Guardianship of a Minor to create the forms to ask a District Court Judge in Montana to make you the Guardian of a minor child. 

You can use these forms if: 

• The child is under 18 years old and not married; 
• The child’s parents have died without naming a guardian in their wills, or the living parents’ custody rights have been terminated, suspended, or limited by circumstances or court order; 
• The child is not (1) an enrolled member of an Indian tribe, or (2) the biological child of a tribal member and eligible for enrollment; and 
• Making you the child’s guardian would be in the child’s best interests.

When you’re done, you’ll need to download, print, and file the forms with the Clerk of District Court in the county where the child lives. The forms come with instructions to help you file them and serve the other parties. You can find the link to the interactive Petition for Guardianship of a Minor at the end of this page. 

The form will take you about 15 to 30 minutes to complete. You can create an account to stop, save, and return to your answers at a later date. 

When completing the form, you’ll need the following information:

• Name, date of birth, address, and assets of the child;  
• Names, addresses, and other information about both parents of the child;
• Names and addresses of anyone who has had care and custody of the child for the last 60 days;  
• The court name and year of any case suspending or limiting either of the parents’ rights; and, 
• The court name, case or cause number, name of Petitioner, and result for any other case related to guardianship of the minor. 

You can complete this form on your smart phone but you’ll need to print it out before you can file it with the Clerk of District Court. At the end of the form, you’ll have the option to save it to a secure website or email it to yourself for later. 

This form isn’t right for everyone. The program may tell you to talk to a lawyer based on the information you give. 

If you have any questions about your rights or this form, you may want to read:

• 72-5-2, MCA Guardians of Minors
• 72-5-4, MCA Protection of Property of Minors and Persons Under Disability 

• “A Practical Guide to the Indian Child Welfare Act” 

  
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Montana Legal Services Association provides free civil legal help to eligible clients. Learn more about how to apply for free legal help.