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  • OTTAWA COUNTY PROBATE COURT Hours: Mon-Fri 8:00 AM-5:00 PM 12120 FILLMORE STREET Phone: 616-786-4110 WEST OLIVE, MI 49460 Website: www.miottawa.org

    FORMS FOR FILING PETITION TO TERMINATE/MODIFY GUARDIANSHIP OF MINOR

    COURT STAFF IS PROHIBITED BY LAW FROM GIVING LEGAL ADVICE, IF YOU HAVE ANY LEGAL QUESTIONS

    DURING THIS PROCESS PLEASE CONTACT AN ATTORNEY.

    Forms must be filled out completely and uploaded to MiFile (mifile.court.michigan.gov\login). Keep copies for your own record.

    Step One: Initial Filing-Payment of $20.00 is due at the time of filing online

    Documents Included:

     Petition to Terminate/Modify Guardianship of Legally Incapacitated Individual or Minor (PC

    675) – In order to begin termination or modification of guardianship of minor you will need

    to upload the completed petition on MiFile

    Step Two: Once you have received confirmation from MiFile that the Court has accepted your petition please complete the following forms.

    Documents Included:

     Notice of Hearing (PC 562) - please call the court to schedule a hearing date and time.

     Proof of Service (PC 564) -this form tells the Judge that you sent copies of the Petition to

    Terminate/Modify Guardianship of Minor and Notice of Hearing to all interested parties.

    Please make all necessary copies of your petition and notice of hearing (including one for

    yourself and one for each interested party). Interested parties include but may not be

    limited to the following:

    o The minor, if 14 years of age or older

    o If known by the petitioner or applicant, each person who had the principal care and

    custody of the minor during the 63 days preceding the filing of the petition or

    application

    o The parents of the minor or, if neither of them is living, any grandparents and the

    adult presumptive heirs of the minor

    o The current guardian, proposed and or nominated guardian

    o If known by the petitioner or applicant, a guardian or conservator appointed by a

    court in another state to make decisions regarding the person of a minor

    Complete the proof of service by filling in the names and last known addresses of each person served under the appropriate heading; by regular mail or electronic service through MiFile and include the date the service was made. The Court requires that all interested persons be served the required documents no less than 14 days prior to the scheduled hearing if serving by regular mail and no less than 7 days before the scheduled hearing if serving by hand (in person). Do not forget to sign and date the bottom of the form.

    ***STOP AND PLEASE READ***

  • OTTAWA COUNTY PROBATE COURT Hours: Mon-Fri 8:00 AM-5:00 PM 12120 FILLMORE STREET Phone: 616-786-4110 WEST OLIVE, MI 49460 Website: www.miottawa.org

    You must make every effort to obtain last known addresses for the people you are required to serve, if you do not know an address you must do the following:

    o Complete an internet search, if possible

    o Send to last known address

    o Contact any known family members of the person in order to obtain a last known

    address

    Once you have completed these steps please fill in Number 4 on Proof of Service.

     Acceptance of Appointment (PC 571)-This is signed by the proposed guardian(s); this lets the Court know that the person accepts the guardianship and its responsibilities.

  • Items Considered When Filing a Petition for Modification/Termination of

    Guardianship

    The Judge requires by way of proof that the parent requesting the child returned to them can be a

    good parent, proof can be as follows:

    1. Do they have housing, and how often have they moved? They may want to get a letter from a landlord regarding length of residence.

    2. Do they have employment? They may want to get a letter from an employer or have proof of regular income.

    3. Were they required to attend counseling? Parenting classes? (Refer to placement plan if Limited Guardianship), a letter from a counselor/instructor, proof of successful

    completion should be obtained.

    4. How often have they visited the child? Did they follow the placement plan (if applicable)? If there is a log of visitations this may be helpful.

    5. Have they abstained from drugs/alcohol? If they have attended classes regarding such use they should obtain proof of attendance.

    6. Are they married/single/divorced? What type of relationship are they involved in? What other adults will be in contact with the child/children?

    7. Does the guardian agree to the dissolution of the guardianship? If this is a contested matter the Judge may appoint a mediator and/or a Guardian-Ad-Litem for the child.

  • Approved, SCAO PCS CODE: PTG

    TCS CODE: PMGC

    STATE OF MICHIGAN PROBATE COURT COUNTY OF

    PETITION TO TERMINATE MODIFY

    GUARDIANSHIP LEGALLY INCAPACITATED INDIVIDUAL MINOR

    FILE NO.

    In the matter of First, middle, and last name

    Court ORI Date of birth Race Sex Current address of ward

    Do not write below this line - For court use only

    (SEE SECOND PAGE)

    USE NOTE: If this form is being filed in the circuit court family division, please enter the court name and county in the upper left-hand corner of the form.

    PC 675 (12/18) PETITION TO TERMINATE/MODIFY GUARDIANSHIP MCL 700.5208, MCL 700.5210, MCL 700.5219,

    MCR 5.125(C)(25), MCR 5.404(F)(4), (5), MCR 5.408

    1. I am interested in this matter as State relationship/interest

    .

    2. a. The interested persons for the minor, their relationship to the minor, and their addresses are: NAME RELATIONSHIP ADDRESS AND TELEPHONE NUMBER

    Parent DOB

    Street address

    City State Zip Telephone No.

    Parent DOB

    Street address

    City State Zip Telephone No.

    Conservator

    Street address

    City State Zip Telephone No.

    Guardian

    Street address

    City State Zip Telephone No.

    Person with care/ custody of minor*

    Street address

    City State Zip Telephone No.

    *Also list persons who had principal care and custody of the minor during the 63 days preceding filing the petition.

    b. The minor is a member of an Indian tribe, or is eligible for membership in an Indian tribe. The name of the tribe is

    .

    The minor is not an Indian child as defined by MCR 3.002(12). It is unknown whether the minor is an Indian child as defined by MCR 3.002(12).

    c. If this guardianship is terminated, the minor child will be returned to

    .

  • Petition to Terminate/Modify Guardianship (12/18) File No.

    3. The incapacitated individual, whose telephone number is

    , has a guardian whose address is

    and has

    a spouse adult child(ren) living parents whose name(s) and address(es) are listed below. no spouse, adult child(ren), or parent(s). The names and addresses of presumptive heirs** are listed below. none of the above (must notify the Attorney General***).

    NAME RELATIONSHIP ADDRESS AND TELEPHONE NUMBER Street address

    City State Zip Telephone no.

    Guardian

    Street address

    City State Zip Telephone no.

    **Presumptive heirs includes minor children, if any. ***Notify the Attorney General by sending a copy of this form to: Attorney General, Public Administration, PO Box 30755, Lansing, MI 48909.

    4. The reasons why the court should take action are

    . I REQUEST that the court:

    5. Terminate the guardianship. 6. Accept the guardian's resignation. 7. Remove the guardian who has has not been suspended. 8. Appoint

    Name (type or print) Address

    City State Zip Telephone no.

    as successor guardian. 9. Appoint

    Name (type or print) Address

    City State Zip Telephone no.

    as a temporary guardian pending appointment of a successor. 10. Modify the powers of the guardian as follows:

    I declare under the penalties of perjury that this petition has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

    Date

    Attorney signature

    Petitioner signature

    Name (type or print) Bar no.

    Name (type or print)

    Address

    Address

    City, state, zip