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STANDBY GUARDIAN: Custody of a child can also be obtained without going to court by becoming a Standby Guardian. A standby guardianship is created by having the parents sign a document available from the probate court stating that they are consenting to have the grandparent or relative take guardianship of their child.

In Missouri, Guardianship begins with a Petition to the probate court. This Petition states that a person needs a guardianship. Anyone can file the Petition. The court will then have to decide whether that person can make decisions for themselves.

Alternatives to full guardianship include general supports (family, friends, and community resources), legal documents (such as Power of Attorney or a Living Will), advocacy organizations, and so forth.

If the petition for guardianship is not opposed, you can generally get through the process within 60 to 90 days; however, even an unopposed petition can run into obstacles that lengthen the time table. If someone files an objection, the issue must be litigated, meaning it could take considerably longer than 60-90 days.

As per RSMo section 475.045. 3 the Court can appoint as guardian only someone who is most suited to the best interests of the child. It is also important to remember that the child does have a say in the matter. Consent must be obtained from a child, who is over the age of 14, for the guardianship appointment.

Though not always absolutely necessary, a person applying for guardianship or conservatorship is probably well advised to do so with the assistance of an attorney.