When a parent cannot safely care for their child, Michigan law provides a legal process that allows another responsible adult to step in and ensure the child’s well-being. Petitioning for guardianship gives a trusted relative or caregiver the authority to make decisions for a minor when a parent is absent, unable to provide proper care, or unfit due to issues such as substance abuse, neglect, or instability.
For family members, stepping into this role is often an act of love and necessity. Understanding the legal steps involved can help you protect the child’s safety while ensuring the court properly authorizes the guardianship.
What Guardianship of a Minor Means in Michigan
Guardianship allows an adult who is not the child’s parent to make day-to-day decisions and provide a stable living environment.
A guardian may have authority to:
- Enroll the child in school.
- Make medical and dental decisions.
- Provide food, shelter, clothing, and daily care.
- Apply for benefits on behalf of the child.
- Maintain overall responsibility for the child’s safety and well-being.
Guardianship does not terminate parental rights. Instead, it temporarily transfers decision-making powers to another trusted adult while preserving the parent’s ability to work toward regaining stability, if appropriate.
When You Can Petition for Guardianship in Michigan
A court will not appoint a guardian unless certain conditions are met. Michigan law allows guardianship in several situations where parents cannot or should not maintain full responsibility for the minor.
- The Parent Is Not Available
This includes circumstances where a parent:
- Cannot be located.
- Has abandoned the child.
- Is incarcerated.
- Is deployed or working out of state without a plan for the child’s care.
- The Parent Is Unable to Provide Proper Care
A parent may be physically present but unable to meet the child’s needs due to:
- Substance abuse issues.
- Severe mental health challenges.
- Chronic instability or unsafe living conditions.
- Ongoing neglect or inability to provide necessities.
- The Parent Consents to Guardianship
In some cases, parents voluntarily agree that someone else should temporarily care for their child. This often occurs when the parent is dealing with health problems, financial hardship, or other personal crises.
Understanding which situation applies helps the court determine the appropriate type of guardianship.
Types of Guardianship Available for Minors in Michigan
Michigan recognizes two primary forms of guardianship for minors:
- Full Guardianship
This form is used when the parent is unavailable or unfit, and the guardian needs broad decision-making authority. The guardian becomes responsible for the child’s overall care and supervision.
- Limited Guardianship
This requires parental consent and a written plan outlining how the parent will work toward regaining custody. It is often used when parents are temporarily struggling but expect to resume parenting once certain conditions are met.
For cases involving unavailability or unfitness, families most commonly seek full guardianship.
How to Petition for Guardianship of a Minor in Michigan
The guardianship process is handled through the probate court.
Although each case is unique, the steps generally include:
- Filing the Petition
You must submit a formal petition for guardianship in the county where the child lives. The petition should explain why guardianship is necessary and describe the parents’ circumstances.
- Providing Supporting Evidence
Courts require proof that the child needs a guardian.
Depending on the situation, supporting materials may include:
- Police or CPS reports.
- Medical or psychological records.
- Documentation showing parental absence or incarceration.
- Statements from teachers, doctors, or other professionals.
- Evidence of unsafe or unstable living conditions.
The stronger the evidence, the smoother the process typically becomes.
- Notifying the Parents and Other Interested Parties
Michigan law requires that parents be notified of the petition whenever possible. Other individuals, such as relatives, may also receive notice.
Even if a parent cannot be located, the court will require reasonable efforts to contact them.
- Attending the Court Hearing
A judge will hold a hearing to determine whether guardianship is appropriate.
During the hearing, the court will:
- Evaluate the child’s current living situation.
- Review evidence submitted by the petitioner.
- Hear from parents if they are present and able to participate.
- Consider the child’s needs, safety, and stability.
The court’s primary focus is always on the best interests of the child.
- Court Decision and Issuance of Letters of Guardianship
If the judge determines guardianship is necessary, the court will appoint the guardian and issue “Letters of Guardianship.” This document formally authorizes the guardian to make decisions on behalf of the child.
Guardians may be required to file periodic reports to ensure the child is receiving appropriate care.
Why Legal Guidance Is Important
Although guardianship is an essential tool for protecting vulnerable children, the process can be complex—especially when parents are unfit, struggling, or opposed to the petition.
Families often benefit from working with an experienced attorney who can help:
- Gather the proper evidence.
- Prepare the petition accurately.
- Navigate contested hearings.
- Ensure compliance with Michigan guardianship law.
- Protect the child’s best interests at every step.
Having strong legal guidance increases the likelihood of a stable, efficient process and a positive outcome for the child.
Helping Michigan Families Protect the Children They Love
At Steslicki & Ghannam, PLC, our Plymouth family law attorneys support relatives and caregivers who need to step in and provide a safe environment for a child. We help families throughout Wayne County understand their options, prepare the necessary documents, and present a clear case to the court.
If you need to petition for guardianship of a minor in Michigan, contact us today to schedule a confidential consultation. Our team is here to help you protect the child’s safety, stability, and future.
