By Austrian Civil Code, all fatherless children were assigned a court-appointed legal guardian. A guardian looked after the minor and his or her property. The guardian could be nominated in the last will of the father, or by the mother if a will did not exist. If a guardian was not specified in the will, the mother had the highest priority to become the guardian, followed by the paternal grandfather, then the maternal grandfather, and finally the closest relatives. The closest relatives of the underage person had a duty to notify the court in the child's jurisdiction if the need for guardianship arose. Important steps in a ward's life had to be approved by the court, which supervised the guardian's actions. As soon as the child came of age, the guardian turned over inherited property and his or her duty was finished.

Information about children and their guardian can be found in Orphan's books. Since guardianship was directed not only for children whose father had died, but also for children born out of wedlock, these books can sometimes reveal the name of the biological father with the specification of alimony he was to pay for the child's support.