29-2-5. Petitions for temporary guardianship; requirements of petition.

A petition to be appointed the temporary guardian of a minor may be filed by an individual who has physical custody of the minor.#

The petition shall be filed in the probate court of the county of domicile of the petitioner; however, if the petitioner is not a domiciliary of this state, the petition may be filed in the probate court of the county where the minor is found.#

A petition for the appointment of a temporary guardian shall include the following:#

1. (1)

   The name, address, and date of birth of the minor;#

2. (2)

   The name and address of the petitioner and the petitioner’s relationship to the minor, if any;#

3. (3)

   A statement that the petitioner has physical custody of the minor and:#

   1. (A)

      Is domiciled in the county in which the petition is being filed; or#

   2. (B)

      Is not a domiciliary of this state and the petition is being filed in the county where the minor is found;#

4. (4)

   The name, address, and county of domicile of any living parent of the minor and a statement of whether one or both of the parents is the minor’s natural guardian;#

5. (5)

   A statement of whether one or both of the parents have consented in a notarized writing to the appointment of the petitioner as temporary guardian and, if so, that the consents are attached to the petition;#

6. (6)

   If the sole parent or both parents have not consented to the appointment of the temporary guardian, a statement of the circumstances that give rise to the need for the appointment of a temporary guardian; and#

7. (7)

   The reason for any omission in the petition for temporary guardianship in the event full particulars are lacking.#