How to get help handling kinship legal issues.
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There are a lot of legal questions and decisions involved in kinship care. And many caregivers don’t have a lawyer to help them.
We can help you find the answers you need. Click below to find resources for free legal guidance and other services.
What’s the best way to learn about the legal issues and options common to kinship care?
The best option is to talk to a legal professional about your specific situation. Free legal advice is available at legal clinics across Michigan. Use this list of legal clinics by county to find one near you.
There are also some things you can do on your own, without a lawyer, to make kinship legal issues more manageable.
You can get an overview by reading the rest of this page. You can also download our free legal guide for kinship caregivers. It offers explanations of the different types of guardianship, information about foster care and adoption, and much more.
What is my legal status as a kinship caregiver?
Kinship care arrangements can take on many different legal forms. Your legal status will help determine what services you are eligible for and what rights you have as a caregiver. You may have one of the following legal relationships with the child you care for:
- Power of Attorney
Parents can sign a Power of Attorney document to give the caregiver the ability to make decisions on behalf of the child, such as consent to medical treatment. - Limited Guardianship
A limited guardianship is an agreement between the parent and kinship caregiver to give over temporary legal guardianship of the child. Only the parent who has primary custody of the child can request a limited guardianship. Filed in the probate court, a limited guardianship includes a set of conditions called a limited guardianship placement plan. When the child’s parent(s) wish to end the guardianship, they must petition the court. Caregivers with limited guardianship can make decisions on behalf of the child. - Full Guardianship
The main differences between limited and full guardianship are:
1) The parents’ permission or agreement is not necessary to get a full guardianship, and
2) it is usually assumed that the full guardian will be caring for the child for a extended period of time, or until they become 18 years old.
Caregivers who are caring for a child without any type of legal arrangement can file a motion to become the guardian at the probate court. - Custody
Having custody of a child gives a caregiver legal rights and responsibility over the child. Custody can be awarded to a caregiver through family court, and it remains with them until the court enters a new order or the child turns 18. Parents can sign a contract giving custody over to another consenting adult, or custody can be awarded to a caregiver through a court proceeding. - Licensed Relative Foster Care Provider
Being a licensed relative foster care provider means that you have had a child placed with you by the Department of Health & Human Services (MDHHS) or one of its agencies, and you have gone through the licensing process. Licensed foster care providers receive monthly payments from the state to help care for the child and have required responsibilities for the child’s care and supervision. - Approved Relative Foster Care Provider
Many kinship caregivers who agree to foster a relative child have not participated in a foster home licensing process. In Michigan, a license is not required, but an approval is.
Being an approved relative foster care provider means that you have had a child placed with you by the Department of Health & Human Services (MDHHS) or one of its agencies, and you have gone through the approval process. Approved relative foster care providers receive monthly payments from the state to help care for the child and have required responsibilities for the child’s care and supervision.
“All relatives, who are unlicensed at the time of placement, must be approved. Initial approval occurs with the completion of the MDHHS-5770 Relative Approval & Placement Safety Screen. Final approval is achieved when the relative(s) fingerprint results are obtained, the case manager completes the fingerprint assessment, and the assessment is approved by the supervisor. The date final approval begins is when the fingerprint assessment is approved in the electronic case management system.” Relative Engagement and Placement FORM 722-03B - Adoption
Adoption is the process of gaining permanent legal custody of a child. A parent may consent to the adoption, or the parent’s rights may be terminated by the court and adoption by the caregiver is seen as in the child’s best interest. The Department of Health and Human Services typically assists with adoptions that are related to child welfare. Outside of the child welfare system, it is highly recommended that caregivers work with a lawyer. Upon adoption, the caregiver is the legal parent and has full legal responsibility of the child.
The document Kinship Caregiving Options: Considerations for Caregivers more fully explains kinship caregivers’ legal options, both inside and outside of the child welfare system.
How do I file with the court to change my legal relationship?
You can file a motion for guardianship or custody in the court that has jurisdiction over where the child currently lives. Guardianships are handled through the probate court, while other matters are usually handled in the circuit court’s family division. If you have questions about filing a motion, a court clerk can assist you.
There may be fees for filing a motion with the court. If you can’t afford these fees, you can request that they be waived by filling out a waiver request with the court. The waiver request form can be picked up in person or downloaded here.
Where can I find the forms I need for guardianship?
You can use the links below to download and print some of the most important guardianship forms. Then you won’t have to pay a fee for getting these forms from the court.
- Petition for Appointment of Limited Guardian of Minor (pc650)
This form is used to petition for Limited Guardianship of a minor child when the parent(s) are making the request. The parent will be asked to provide names, birthdays, and addresses of the individuals involved in the guardianship (parents, child, appointed guardians). The form requires that the parent provide information on the interested parties, request for a specific individual to be appointed as guardian of the child, and consent to the suspension of their parental rights. - Limited Guardianship Placement Plan (pc652)
This form is used together with the Petition for Appointment of Limited Guardian of Minor (above). The parent(s) and the appointed guardian(s) of the child will use this form to create a plan for the guardianship. The parent(s) and guardian(s) must complete the form and agree upon:- Reasons a limited guardianship is being requested
- Parental visitation schedule
- Parent’s financial support
- Conditions that must happen for the guardianship to end (for example, the parent is no longer incarcerated, they complete their GED, etc.)
- Petition for Appointment of Guardian of Minor (pc651)
Use this form to petition for the guardianship of a minor. This can be done without parental agreement or consent (although they will be notified). Like the petition for a limited guardianship, this form will ask for information on all parties involved, reasons why the child needs a guardian, and the specific individual(s) to be appointed guardian. - Minor Guardianship Social History (pc670)
This form will be filed with the court along with the Petition for Appointment of Guardian of Minor (pc651). This form asks for information regarding the child, parent(s), and the proposed guardian(s). There is a section for the proposed guardian(s) to fill out, describing why a guardianship is needed, the parent’s level of agreement, the home in which the child will live if the guardianship is granted, etc. - Annual Report of Guardian on Condition of Minor (pc654)
Once a guardianship is granted, the guardian must complete this form each year (or more frequently if directed by the court). Through this form, the guardian will explain how the guardianship is going overall. The guardian will be asked to discuss the child’s education, health, living arrangement, activities, and time with parent.