Temporary Guardianship of a Minor for Educational, Medical, or Dental

This is a special type of guardianship that allows a non-parent relative, such as a grandparent, to access educational, medical and dental services for a minor child that is currently living with him or her. This type of guardianship is more limited, but can sometimes be easier to get. This type of guardianship is different from a general guardianship (either temporary or permanent) because the non-parent relative is not given full legal and physical custody of the child.

Click here for more information about temporary guardianships for educational, medical care, and dental care purposes.

This limited type of temporary guardianship can be used when someone other than a child’s natural parent is primarily caring for a child under 18 years of age and needs to be able to take care of the educational and health care needs of the child.

In order to apply for temporary guardianship for educational, medical care and dental care purposes, the person applying must meet the following requirements:

1. Be at least 18 years of age,
2. Have primary physical custody of the child, and
3. Be related to the child as the child’s stepparent, grandparent, great-grandparent, sibling, stepsibling, half sibling, uncle or aunt.

A temporary guardian for educational, medical care and dental care purposes is given the right to make certain decisions for a child. Those decisions include the right to:

Enroll the child in school,
Meet with the child’s teachers and make educational decisions for the child,
Make appointments for the child and take the child to the doctor or dentist,
Receive information about the child from the child’s doctor or dentist, and
Make medical and dental care decisions for the child.

A temporary guardianship for educational, medical care and dental care is usually limited to not more than one year.

There is currently no provision under the law to become a permanent guardian for educational, medical care and dental care under this simplified procedure. However, a temporary guardian for educational, medical care and dental care may request to continue that temporary guardianship if there is a continuing need. The temporary guardianship can be continued by re-petitioning the court.

Caregivers that have a continuing need to care for the child may want to speak to a lawyer about other options, such as seeking permanent guardianship and conservatorship or adoption of the child. Click here for help finding a lawyer.

You are not required to have a lawyer to file for temporary guardianship. If you do not use a lawyer, it is important to understand that persons that represent themselves are held to the same standards as lawyers. Therefore, it is important that you make sure you are prepared before attempting to file any court case. Click here if you decide that you cannot handle the case on your own, or want to try to find a lawyer who can help you.

There are online forms with instructions for filing on the Wyoming Judicial Branch website. You can use the same forms whether you want permanent, temporary, or emergency guardianship. Click here to access the forms on the Wyoming Judicial Branch website. (Click on “Family Law” and see Packets 14-18)

If you have questions or do not understand the forms, you may want to seek the assistance of a lawyer. Judges, court employees and clerks are not allowed to assist you in completing your forms or give you legal advice, so it is important that, if you need assistance, you seek legal advice from a lawyer.

The laws about this type of temporary guardianship are found in Wyoming Statutes 3-2-301 through 3-2-303.