Guardianship Actions in Surrogate's Court
© 1997 by Neighborhood Legal Services, Inc.
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I want to appoint someone as the legal guardian of my child. What court do I go to?

The Surrogate's Court located at 92 Franklin Street in Buffalo. The appointment of a guardian is a serious step and we recommend that you discuss it first with a lawyer.

Do I need a lawyer to go to court?

That depends. You do not need a lawyer as long as you and the proposed guardian agree to the appointment.

How do I start a guardianship action?

To begin a guardianship action, go to the Guardianship Office in the Erie County Surrogate's Court, 92 Franklin Street, Buffalo between 9am to noon, Monday - Friday. Ask the clerk for Guardianship forms and instructions. Have the clerk check for any prior guardianship action.

Who has to sign the forms?

The Petition to Appoint a Guardian must be signed by:

1. the person bringing the petition,

2. the parents,

3. the proposed guardian, and

4. the child if the child is 14 or older.

What do I do with the forms?

After all the forms are filled in, signed and notarized, take the forms and the child's birth certificate to the Legal Department of the Surrogate's Court on any weekday between 9:00 a.m. and noon. A lawyer will review the papers. If the papers are complete, the lawyer will initial the papers and send you to the cashier to pay the filing fee.

How much does this cost?

The current filing fee for a Guardianship Petition is $15.00 for each Petition. The Court accepts cash, money orders or bank drafts payable to the Erie County Surrogate's Court in the exact amount. The Court will not accept a personal check.

Does the Court require a home study of the guardian?

In cases where the proposed guardian is not a close relative, the Court usually requires a home study of the proposed guardian. The Surrogate's Court lawyer will explain how to arrange for the home study.

What will the Court do with the Petition?

After the papers are filed, the Court will send an inquiry to the New York State Central Register of Child Abuse and Maltreatment to make sure there have been no indicated reports of child abuse or maltreatment regarding the petitioner, the proposed guardian, or the child. It usually takes five or six weeks before the information comes back to the Court.

When the court receives the report, will the action be finished?

If there are no indicated reports of child abuse or maltreatment, the Petition will probably be approved. The Court will notify the Guardian of his/her appointment and ask the Guardian to come in and pick up Letters of Guardianship.

Does the Guardian get some proof of the guardianship?

When the Guardian picks up the Letters of Guardianship, she/he may want to obtain short form Certificates of Guardianship to give to a school or agency as proof of the Guardianship appointment. There is a fee of $5.00 for each short form.

Can I get some proof of guardianship when I file the petition?

After you have filed the petition, ask the guardianship clerk for a letter showing the petition has been filed.

What if there are indicated reports of child abuse or maltreatment?

If there are indicated reports of child abuse or maltreatment or if there is some other complicating factor, the Court may schedule a Hearing. In that case, call us back for advise on how to proceed.

If I change my mind or decide I'm ready to care for my child again, is it hard to cancel the guardianship?

It is simple as long as the Guardian agrees to sign a Petition to Discharge.

What if the Guardian won't sign the Petition to Discharge?

If the Guardian refuses to consent to sign the Petition to Discharge, the process to revoke Guardianship can be difficult. You will have to have a lawyer represent you in a contested action in Surrogate's Court. The filing fee for that action is $25.00 for each Petition. You will have to prove to the Court that you are now the person who should be caring for your child(ren). The action can take a long time to complete.

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