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Why hire an attorney for guardianship cases?
The process involves legal filings, court hearings, and potential disputes. An attorney can prepare petitions, represent you, advise on alternatives, and protect your rights while ensuring the child’s well-being.
Can guardianship be challenged?
Yes. Parents or relatives may contest a guardianship petition. The court’s primary focus is always the best interests of the child.
What are the responsibilities of a guardian?
Guardians must act in the child’s best interest, providing food, shelter, education, and medical care, managing finances if applicable, and filing reports with the court as required.
How long does guardianship last?
Guardianship usually lasts until the child turns 18, unless ended earlier by the court or circumstances change.
Does guardianship terminate parental rights?
No. Guardianship does not permanently terminate parental rights. Parents may request visitation and petition to end the guardianship if they can resume care.
How do you start the guardianship process?
A petition must be filed with the probate court in the county where the child lives. The court investigates, notifies relatives, and holds a hearing to decide whether guardianship is necessary.
Who can become a guardian?
Any responsible adult may petition to be a guardian. Courts often prefer relatives such as grandparents, aunts, uncles, or siblings, but a non-relative can also be appointed if it is in the child’s best interest.
What types of guardianships are there in California?
Guardianship of the Person – guardian makes decisions about the child’s health, education, housing, and daily needs. • Guardianship of the Estate – guardian manages the child’s finances, property, or inheritance. • Both – a guardian may be appointed to handle both personal care and financial matters.
When is a guardianship necessary?
Guardianship may be necessary if parents have died, are incarcerated, incapacitated, struggling with addiction, absent, or if a child has inherited assets that need management.
What is a guardianship?
A guardianship is a court process where a judge appoints an adult (the guardian) to care for a minor child (the ward) when the child’s parents are unable or unfit to provide proper care.