In a Standby Guardianship Petition, you ask a judge ahead of time to appoint a guardian for your child. You choose the person who will take care of your child. The Standby Guardianship starts when an event "triggers" it.
The key things to know about this process:
- You file papers in court to set this up before anything happens to you. You may need to attend a hearing.
- When there is a "triggering event," the standby guardian goes to court with proof that it happened. They may also need to file a “Confirmation Affidavit of Standby Guardian,” if you petitioned in Surrogate’s Court. The Court can give them a copy of this form.
- The judge will give your standby guardian papers that prove the guardian's authority.
Who can petition?
A parent, guardian, or person with primary custody of a child can use this option. You must also show the court that you:
- Have a long-term illness that gets worse over time,
- Have a disease that can’t be cured and may lead to death, or
- Might be separated from a child by immigration enforcement
When does it start?
The standby guardian's authority begins if there is a "triggering event." This includes:
- You die.
- You become "mentally incapacitated."
- You and your child are separated by immigration detention or deportation.
- You consent (agree) that you want the standby guardianship to start.
Important deadlines
- If the triggering event is immigration detention or deportation, the standby guardian has 60 days to file proof with the court.
- If the triggering event is one of the other reasons, they have 90 days to file at the court.
- If the standby guardian misses the deadline, the court may "rescind" or take back its decision.
Will I lose my parental rights?
No! You will not lose your parental rights through a standby guardianship petition. You are still your child's legal parent. You can end the standby guardianship any time by filing a written notice or “revocation” with the court and telling (or writing) the standby guardian.
Is this right for my situation?
A Standby Guardianship Petition is a good option if you:
- Want the security of having a court-approved plan in place
- Need a long-term arrangement
- Want to participate in the court process
How do I get started?
You need to file a petition to ask the court to start your case.
- If you go to Family Court, use this petition.
- If you go to Surrogate's Court (because your case includes property), use this petition.
You might need legal help. Family courts around the state have “help desks" in several locations. In New York City, legal experts from Family Legal Care (a nonprofit that helps people) work at court locations in the Bronx, Brooklyn, Manhattan, and Queens.
Last Reviewed: June 11, 2025