- 1). Find out if New Jersey's Division of Youth & Family Services (DYFS) has an open court case involving the child. If so, obtain permission from a DYFS caseworker to file for guardianship. If not, contact the Kinship Navigator Program to begin guardianship proceedings under the Kinship Guardian Act.
- 2). Ask a Kinship Navigator specialist how the proceedings will impact your life. Ask what state law requires guardians to provide for children.
- 3). Consider whether you are emotionally and financially equipped to care for the child until she turns 18. Assemble documents and witnesses to prove you have lived with the child for one year and know the child's parents.
- 4). Determine how to respond if the child's parents contest the application. Prepare to demonstrate that the parents are "seriously incapacitated." For example, prove the parents have been incarcerated for a long time, have abandoned the child, have drug or alcohol problems, or have a debilitating mental illness.
- 5). Comply with the Kinship Navigator's background investigation. Complete the profiles seeking information on your criminal background and convictions for domestic violence or child abuse.
- 6). Complete the Kinship Legal Guardianship Petition. Pay a fee for the Kinship Assessment if your income is more than federal poverty guidelines. Attach the assessment to the petition. File the petition with the New Jersey Superior Court Family Division in the county where you live.
- 7). Notify the parents or present custodians once the judge schedules a hearing. Appear at the hearing. Explain to the judge why you want to be the child's guardian. Prepare to either fight the parents' opposition or grant their request for visitation rights.
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