As amended through October 11, 2024
Rule 501 - Appointment of Guardian for Minor Child(a) COMMENCING AN ACTION. A proceeding to appoint a guardian for a minor child is commenced by filing a petition that is verified in the manner described in Rule 103(c). The petition must include the following:(1) the proposed guardian's residence and citizenship;(2) whether the proposed guardian has a legal disability;(3) the relationship of the proposed guardian to the minor;(4) by what right the petitioner makes application, and, if the application is not for petitioner's appointment, by what right the proposed guardian may be appointed;(5) the minor's name, residence, and date of birth;(6) the names and residence(s) of the minor's parents and the date of death of any deceased parent; and(7) the nature, location, and estimated value of the real and personal property to which the minor is entitled, and the annual rental value of the real property.(b) PRESENCE AND SELECTION. Unless the minor's presence is excused for sufficient cause, the minor must be present when the petition is filed, and, if over 14 years of age, is entitled to select the proposed guardian.(c) CONSENT OF OR NOTICE TO PARENTS. (1)In General. If a parent is not filing the petition for appointment of a guardian, either:(A) a written consent of that parent must be filed with the petition; or(B) unless the whereabouts of that parent are unknown, that parent must be personally served with a summons and copy of the petition in accordance with Civil Rule 4(c)(2)-(3) and (e)(2)(A).(2)Whereabouts of Parent Unknown. If the whereabouts of a parent are unknown and the petitioner files an affidavit showing diligent efforts to ascertain the whereabouts of the parent, the court may authorize service by publication in the manner provided by applicable statute or may provide for a different method of notice.(3)Waiving Notice. The court may waive notice of the petition if the petitioner files an affidavit showing good cause.(d) BOND. If the petitioner is the proposed guardian, the petitioner must file a bond with the petition.(e) ORDER APPOINTING GUARDIAN. The order of appointment must state the minor's date of birth and, if the minor is over 14 years of age, must state that: (1) the minor was present and selected the guardian; or(2) the minor's presence was excused.Adopted by Order dated March 4, 2022, effective 8/22/2022.