Brooklyn Guardianship Attorney

Protecting a Child’s Future with Over 50 Years of Family Law Experience

Guardianship is a court-created legal relationship that gives a person authority and responsibility to make decisions for someone who cannot make those decisions for themselves. For Brooklyn families, this most often means a relative or trusted adult seeking the legal standing to care for a child whose parents are unable or unwilling to do so. In New York City, guardianship matters involving children are generally heard in Family Court.

The process carries real stakes and real emotions. Understanding which type of guardianship applies to your situation and what the court may need to see is the first step toward protecting the person you care about.

Why Brooklyn Families Choose Coffinas & Lusthaus, P.C.

We have practiced family law in Brooklyn and across New York City since 1997, and our attorneys bring over 50 years of combined experience to every matter we handle. We focus exclusively on family law, which means every hour we work goes toward representing families in situations exactly like yours. That focus also means we know Kings County Family Court and the standards judges apply when a guardian’s appointment is at stake.

We hold an AV Preeminent Peer Review Rating from Martindale-Hubbell, the highest rating available, and our attorneys have been recognized in Super Lawyers and by the New York Law Journal. But credentials only matter if they translate into attentive, personalized representation. We take the time to understand your specific circumstances before recommending a course of action, and we stay with you through every stage of the proceeding.

Types of Guardianship in New York

New York recognizes several distinct guardianship types, each filed in a different court and governed by different rules. Knowing which applies to your situation determines where you file, what evidence you’ll need, and how a guardian’s powers are defined.

Guardianship of a Minor
The most common form families come to us about. When a child’s parents can’t provide care, a relative or other adult can petition Family Court for legal authority over the child’s upbringing, education, and welfare. For Brooklyn residents, these matters are heard in Kings County Family Court.

Article 17-A Guardianship
Governed by the Surrogate’s Court Procedure Act, this type applies to adults with intellectual or developmental disabilities. Petitions are filed with Surrogate’s Court, including Kings County Surrogate’s Court for Brooklyn matters.

Article 81 Guardianship
Designed for adults who have lost the capacity to manage personal or financial affairs, Article 81 proceedings under the Mental Hygiene Law are heard in Supreme Court. Unlike other guardianship types, Article 81 tailors the guardian’s powers to the individual’s specific needs.

Seeking Guardianship of a Minor Child in Brooklyn

When a grandparent, aunt, uncle, sibling, or family friend needs legal authority to care for a child, guardianship is often an appropriate path. A guardian of a minor must be over 18 and demonstrate to the court that the appointment serves the child’s best interests, at which point the guardian may hold authority over the child’s care, education, and daily welfare.

We represent clients in Kings County Family Court and understand the best-interests analysis courts apply when evaluating a guardianship petition.

What the Guardianship Process Generally Looks Like

A guardianship proceeding begins when an interested party files a petition with the appropriate court, setting out the reasons a guardian is needed. The court reviews the petition, and other interested parties, including parents, are generally entitled to notice. A hearing follows, at which the court considers the evidence before deciding whether to appoint a guardian and, if so, what authority that guardian may hold.

Once appointed, a guardian’s powers are set out in the court’s order, and letters of guardianship are issued as formal proof of that authority. The timeline and requirements vary depending on the type of guardianship and the facts involved. Having counsel who knows the court and the process can help avoid delays and present your petition as clearly as possible.

Discuss Your Family’s Situation with Our Brooklyn Team

Every guardianship matter is shaped by its own facts: the relationship between the proposed guardian and the child, the reason a parent can’t provide care, and the court where the petition is filed all influence the strategy. We work to understand your situation fully before advising on the right path forward.