This article explains how a Filipino relative—specifically a cousin—can petition a court to be appointed the legal guardian of a minor. It covers law and procedure, documents, court practice, duties, risks, timelines, and FAQs. It is general information, not legal advice.

1) Guardianship vs. Custody vs. Adoption (Know the Difference)

Guardianship (of the person, property, or both): Court appointment authorizing an adult to make decisions for a minor (care, schooling, medical; and/or manage the minor’s property). It does not sever parental rights; it fills a gap when parents are unavailable, unfit, or consent.
Custody: Who physically cares for the child day-to-day. Custody may be decided within guardianship, nullity, support, or habeas corpus cases.
Adoption: Permanently transfers parental authority to the adopter and terminates legal ties with biological parents (except in relative adoption rules). Use adoption when you intend a forever parent–child relationship. Use guardianship for temporary or property-focused needs.

2) Legal Bases & Jurisdiction (Big Picture)

Family Courts (Regional Trial Courts designated as Family Courts) have original and exclusive jurisdiction over guardianship of minors and related matters.
The governing framework comes from:
- The Family Code (parental authority principles).
- The Rules of Court on Guardianship and Wards and the Rule on Guardianship of Minors (special proceedings).
- The Family Courts Act (Family Courts jurisdiction).
- Child-protection and welfare statutes and court rules emphasizing the best interests of the child.
Venue: File in the Family Court where the minor resides. If the petition involves only property and the minor lives abroad, venue can be where the property is located.

3) Who May Be Appointed Guardian—and Priority

Courts appoint the person best suited to serve the child’s best interests. Preference commonly runs:

A parent (if fit and available).
A grandparent/close ascendant.
An older sibling or other close relative.
Another suitable person (including foster parent) or institution.

A cousin can be appointed if parents are unavailable, unfit, or consent, and no nearer relative is better suited. Courts consider:

Existing caregiving relationship and stability of the home.
Moral character, health, financial capacity (ability to meet needs).
Absence of disqualifications (e.g., history of abuse, neglect, violence).
Minor’s views (especially if the child is mature enough to express them).

4) Grounds to Seek Guardianship of a Cousin

You’ll need to allege and prove at least one:

Parents are deceased, abroad, missing, incarcerated, or otherwise unavailable to exercise parental authority.
Neglect, abandonment, or habitual maltreatment, substance abuse, violence, or other unfitness.
Parental consent to your guardianship (often the smoothest path).
The minor’s property needs court-protected management (inheritance, insurance proceeds, damages awards, benefits).

Courts will not displace a fit parent. If the parents object, you must show why guardianship is nevertheless necessary and in the child’s best interests.

5) Types of Guardianship You May Ask For

Of the Person: Health, education, residence, travel, school decisions, day-to-day care.
Of the Property (Estate): Inventory, safeguard, and manage the minor’s money/assets; bond and annual accounting required.
Both Person and Property: Often requested together when you’re the day-to-day caregiver and the minor has assets.

6) Step-by-Step Procedure

Step 1: Prepare the Petition (Verified)

A verified petition (signed and notarized/with jurat) must include:

Minor’s full name, age, sex, citizenship, and current address.
Relationship (explain you are the cousin).
Facts showing need for guardianship (unavailability/unfitness of parents, parental consent, or property reasons).
Whether you seek guardianship of the person, property, or both.
Names/addresses of parents and nearest relatives, and any known assets of the minor.
Your qualifications (character, health, means, caregiving plan).
Prayer (what orders you want: appointment, letters of guardianship, bond approval, authority to enroll child, secure passport, etc.).

Common attachments (as available):

Minor’s birth certificate.
Death certificates of parents, or documents showing unavailability (e.g., OFW status/long absence), or parents’ written, notarized consent to the guardianship.
Proof of relationship (your birth certificate and your parent’s connecting relationship to minor’s parent).
Barangay clearance and/or NBI/police clearance.
Medical certificates (if alleging a parent’s incapacity).
School records, affidavits of caregivers/teachers attesting to your caregiving role.
List/valuations of property, if any (bank account statements, land titles, insurance proceeds, SSS/GSIS/claim documents).
Proposed caregiving plan (housing, schooling, healthcare, supervision).
Child’s written consent (if mature enough; while not always mandatory, it helps to show alignment with the child’s wishes).

Step 2: Filing

File in the Family Court of the minor’s residence; pay filing fees (may be waived if you qualify as indigent; include motion to litigate as indigent with proof of income).

Step 3: Docketing, Raffle, and Issuance of Notices

The case is raffled to a Family Court.
Court issues notice to parents and near relatives; may require posting/service and directs the city/municipal social worker to conduct a case study/home study.

Step 4: Social Worker’s Case Study

A social worker typically interviews you, the child, and relevant relatives; inspects the home; and submits a written report to the court recommending for/against guardianship and suggesting conditions.

Step 5: Hearing(s)

Summary hearing: You present evidence; parents/relatives may oppose.
The court receives the case study and hears the minor (in chambers, if appropriate).
If guardianship of property is sought, the court may require proof of assets and a bond proposal.

Step 6: Judgment & Appointment

If granted, the court issues a Decision/Order appointing you guardian, subject to a bond (for property cases).
You take an oath, post the bond (if required), and receive Letters of Guardianship.

Step 7: Post-Appointment Compliance

Inventory of property (commonly within 3 months).
Annual accountings for property guardianship.
Court approval required before selling/encumbering the minor’s property or spending principal amounts.
Keep the court informed of change of address, major decisions (e.g., out-of-country travel).

7) Practical Documents You’ll Commonly Need

Child’s PSA Birth Certificate.
Your government ID; Barangay and NBI clearances.
Parents’ consent (if cooperative) or documentation of unavailability/unfitness.
Proof of residence and home photos; basic budget plan.
School certifications (enrollment/records) and medical records (if relevant).
Property proofs (bank certificate, land title, insurance policy, benefit claim, court award).
Bond quotation (if property guardianship).
Draft care plan: housing, education, healthcare, supervision, safety.

8) Special Topics You’ll Want to Consider

A) When Parents Are Abroad (OFW/Overseas)

A generic Special Power of Attorney from a parent often isn’t enough for major decisions (passport issuance, permanent school transfer, property management). Courts and agencies typically require guardianship orders for sustained authority.

B) Travel, Passport, and Government Transactions

DFA/passport, banks, insurers, and courts usually honor Letters of Guardianship. For foreign travel without parents, agencies commonly ask for DSWD Travel Clearance issued to the guardian, plus the court order.

C) Emergency or Interim Relief

You may move for temporary custody/authority pending final judgment if urgent (medical procedures, school placement, safety). Courts can tailor interim orders to protect the child.

D) Schooling and Health Care

Guardians may enroll the child, access records, sign school/medical forms, and authorize treatment; always keep certified copies of the Letters of Guardianship handy.

E) Property Management Controls

Court may limit withdrawals and require receipts and accountings.
No sale/encumbrance without prior court approval (expect a separate motion, notice, and hearing).

F) Kinship Care with No Minor’s Property

If there’s no property, you can still petition for guardianship of the person to formalize authority for school, medical, and travel decisions.

9) Costs, Timelines, and Outcomes

Filing fees: Vary by court and relief sought; fee waivers available for indigent litigants.
Bond premium: Annual, based on property value managed.
Timeline: From filing to appointment can range from a few months to over a year, depending on court congestion, opposition, and completeness of papers.
Outcome: If granted, you receive Letters of Guardianship; keep multiple certified copies.

10) Duties and Accountability of a Guardian

Guardian of the Person

Provide care, education, supervision; decide residence; safeguard welfare.
Seek court guidance on major decisions that implicate rights (e.g., permanent relocation, high-risk medical procedures).

Guardian of the Property

Oath & bond, inventory, annual accountings.
Prudent management; invest conservatively; avoid conflicts of interest.
No self-dealing; obtain court leave before selling/borrowing against the minor’s assets.

Both

Keep meticulous records of expenditures and decisions.
Maintain regular contact with the social worker if the court orders follow-ups.

11) Modification, Substitution, or Termination

Guardianship ends or changes when:

The minor turns 18, is adopted, or dies.
A parent regains capacity/returns and the court finds guardianship no longer necessary.
The guardian becomes unfit, relocates without court permission, mismanages funds, or resigns (court approval needed).
The court finds other arrangements serve the child’s best interests.

Upon termination, file final accounting (if property guardianship) and deliver assets to the now-adult ward or successor.

12) Strategy Tips for a Cousin–Petitioner

Secure parental consent if at all possible; attach notarized consents with IDs.
Request a case study early and proactively cooperate with the social worker.
Present a clear caregiving plan (who lives in the home, schooling plan, healthcare provider, budget, safety).
If there’s property, come with a bond quotation and a draft inventory.
Ask the court for specific authorities you’ll need (e.g., to process school transfers, passports, government benefits) so the Order is operational.

13) Frequently Asked Questions (FAQs)

Q1: Can I get guardianship if the parents object? Possibly—only if you can show they are unfit or that guardianship is necessary and in the child’s best interests. Expect a contested hearing.

Q2: Do I need guardianship if I already care for my cousin informally? For routine care, some schools may accept affidavits. But for passport, bank/insurance, property, or international travel, agencies typically require a court-issued guardianship.

Q3: Will guardianship stop the parents from seeing the child? No. Courts favor reasonable visitation unless harmful. The Order can define or limit access if safety is an issue.

Q4: Can I take the child abroad once appointed? You will still need to comply with DSWD travel clearance, DFA passport requirements, and any court-imposed conditions. Consider applying for specific authority to travel in the Order.

Q5: What if my cousin owns property or benefits? Ask for guardianship of the property (or both). Be ready for bond, inventory, accountings, and to seek court approval for major transactions.

Q6: Can guardianship be shared? Courts may appoint co-guardians (e.g., spouses) when it benefits the child and improves accountability.

14) Sample Petition Outline (Guide)

Caption (Family Court, case title)
Verified Petition
- Parties (minor; petitioner cousin; parents/nearest relatives)
- Jurisdiction & venue allegations
- Grounds (unavailability/unfitness/consent; best interests)
- Relief sought (person/property/both; bond; letters; specific authorities)
Verification & Certification Against Forum Shopping
Attachments (IDs, PSA records, consents, case study request, proofs)
Proposed Orders (appointment, bond, letters, travel/school/benefit authority)

15) Ethical and Safety Considerations

Guardianship should minimize disruption to the child’s schooling, relationships, and culture.
If there is abuse or danger, coordinate with the barangay, police, DSWD, or child protection units for immediate safety orders.

16) Quick Checklist (Print-Friendly)

Determine type: person / property / both
Confirm venue (minor’s residence)
Gather PSA certificates (child; relevant relatives)
Obtain parental consent (if available) or proofs of unavailability/unfitness
Prepare IDs/clearances (Barangay, NBI), care plan, home photos
If property: list assets, get bond quotation
Draft and verify petition + forum-shopping certification
File; pay fees or seek indigent status
Cooperate with social worker; attend hearing(s)
If appointed: oath, bond, letters, inventory, accountings
Keep certified copies; request specific authorities in the Order
Comply with DSWD travel clearance/DFA if traveling abroad

Final Note

Courts have broad discretion to tailor guardianship to the child’s best interests. If you’re caring for a cousin, thorough documentation, cooperation with the case study, and a concrete caregiving plan dramatically improve your chances of appointment.