ANSWERS: 1
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  • An adult may file a petition for the custody or guardianship of a minor in the Family Court or in Surrogate's Court. Assistance in filing such a petition may be obtained by a clerk at the Family Court or Surrogate's Court in the county where the minor resides. Once appointed, the legal guardian or custodial parent is responsible for the care of the minor. Guardianship and limited guardianship may also be obtained over an adult who is incompetent (guardianship over the person and/or the person's property). A minor may initiate a custody petition through a person over the age of 18 who is referred to as a guardian ad litem. Generally, however, the person seeking custody of the minor is the petitioner.

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