How grandparents, aunts, uncles, and relatives can step in and get the support they need.
When a child’s parents can’t provide a safe or stable home, other family members often step up. Whether you’re a grandparent, aunt, uncle, or close relative (or even a close friend), becoming a kinship guardian is one of the most compassionate and life-changing choices you can make. But it’s also a legal process, and many families don’t realize that help is available.
At Stuart & Blackwell, we work with kinship families across Arizona to establish legal guardianship, access financial support, and navigate the court system with clarity and compassion. If you’re caring for a relative’s child, or considering stepping in, this guide is for you.
What Is Kinship Guardianship?
Kinship care refers to the situation where a child is being raised by relatives or close family friends instead of their biological parents. This can be formal (through the courts or DCS) or informal (a family agreement without legal authority).
Kinship guardianship, on the other hand, is a court-recognized legal status that gives you the authority to make important decisions for the child, without terminating parental rights.
Guardianship allows you to:
- Enroll the child in school
- Access medical care
- Apply for government benefits
- Create stability for the child while still allowing connection to their birth parents
Who Can Become a Kinship Guardian in Arizona?
Under Arizona law, the court may appoint a guardian if:
- The child’s legal parents are unable or unwilling to provide proper care
- It’s in the best interest of the child
- The proposed guardian is fit, willing, and able to serve
Eligible kinship guardians include:
- Grandparents
- Aunts or uncles
- Adult siblings
- Cousins (in some cases)
- Adult family friends or godparents (non-blood “fictive kin”)
You do not need to have formal foster care training to petition for kinship guardianship, but working with an attorney is strongly recommended to ensure your petition meets court requirements and is positioned for approval.
How Do You Obtain Guardianship in Arizona?
There are two main pathways:
1. Probate Court Guardianship (Private Cases)
If DCS is not involved, relatives can file a guardianship petition through the juvenile court. This is common in situations where:
- The parents are incarcerated, absent, or incapacitated
- The parents agree to allow you to care for the child
- There’s no abuse or neglect investigation, but the child needs stability
This process includes:
- Filing a petition for guardianship
- Notifying the parents (at least one parent must consent to the guardianship)
- Attending a court hearing
- Providing evidence that guardianship is in the child’s best interest
2. Dependency Court / DCS-Involved Guardianship
If the Department of Child Safety (DCS) has custody of the child, the case is also in juvenile court, and the process is called a dependency. The court may grant kinship guardianship as a permanent placement if reunification with the parents is no longer viable.
In these cases, DCS will no longer be involved, but the guardian may be eligible for financial assistance and other services.
Can Kinship Guardians Receive Financial Support?
Yes, and many families are surprised to learn they qualify.
Options include:
Kinship Foster Care Stipend
If the child is in DCS custody and placed with you as a foster home, you may receive:
- Monthly financial assistance (standard foster care rate)
- Coverage for medical, dental, and behavioral health via AHCCCS
- Support with childcare, school supplies, and transportation
To receive this, you must become a licensed kinship foster provider through the state.
Subsidized Permanent Guardianship (SPG)
If reunification and adoption are not possible, Arizona offers SPG as a long-term option. Eligible guardians may receive:
- Monthly maintenance payments
- Medical coverage for the child
Cash Assistance (Temporary Assistance for Needy Families – TANF)
Kinship caregivers not involved with DCS may still qualify for TANF child-only grants, which provide modest monthly cash support.
What Are the Benefits of Legal Guardianship?
Establishing legal guardianship offers peace of mind and legal authority. Benefits include:
- The right to make educational and medical decisions
- Legal standing to apply for government aid or enroll the child in school
- Court protection for the child’s safety and stability
- A clear legal framework for parents and relatives involved
It’s especially important for kinship caregivers to have legal documentation if the child needs emergency care, changes schools, or applies for insurance, daycare, or public assistance.
Common Misunderstandings About Kinship Care
Let’s clear up a few frequent misconceptions:
“I have a notarized letter from the parent, so I don’t need guardianship.”
➤ A letter may be helpful, but it’s not legally binding or enforceable in court. Schools and hospitals often require court-approved guardianship to act on the child’s behalf. Especially when they reach high school age.
“If I become a guardian, the parents lose all their rights.”
➤ Not true. Guardianship is not the same as adoption. Parents maintain their legal relationship, and the court can terminate or modify guardianship if circumstances change.
“I can’t afford to take on a child.”
➤ Financial support may be available. An attorney can help you explore what’s possible based on your situation and whether DCS is involved.
How Stuart & Blackwell Can Help
Every kinship situation is different—and deeply personal. Whether you’re stepping in temporarily or seeking long-term stability for a child you love, we’re here to help you take the right legal steps.
At Stuart & Blackwell, we provide:
- Guidance on the right type of guardianship for your case
- Assistance filing petitions and representing you in court
- Coordination with DCS if the child is in state custody
- Help accessing available financial support and benefits
- Long-term planning advice (guardianship vs. adoption, parental rights, etc.)
We’ve helped countless Arizona families secure guardianship with dignity, clarity, and care.
Ready to Protect the Child You Love?
Becoming a kinship guardian is one of the most selfless and impactful choices a person can make. Don’t go through it alone—or miss out on support that’s available to you.
Contact Stuart & Blackwell today to schedule a confidential consultation. Let’s help you create a safe, stable legal future for the child you’re stepping up to raise.