Probate Court

Judges in probate court hear cases where people (like grandparents, family, friends, etc.) are asking for custody, also called “legal guardianship” of a child who is not their own. You do not need to give another adult who is helping you with child care guardianship over your child.

You should consult with a lawyer to make sure it is in your and your child’s best interests to ask the court to give someone else custody of your child. If someone files to get guardianship of your child and you do not want them to have custody of your child, make sure that you go to all the court hearings to let the judge know your position.

If your baby is in the foster care system, the dependency court, (not the probate court), will make all the decisions about your baby’s custody, including guardianship.