California courts appoint two different types of probate guardianships. Both of which involve a non-parent adult appointed to care for a child or that child’s property. These two types of legal guardianships can be broken down into guardianship of the person, a child, and guardianship of the estate, which is the child’s property. Here’s everything you need to know about legal guardianship in California.
How to Get Legal Guardianship of a Child in California
Generally, guardianship of a child is awarded to an adult other than a child’s parent as long as there is clear evidence that the legal parent is unable to care for the child. There are several reasons this guardianship may be awarded including, but not limited to:
- The death of a parent
- Financial burdens
- Serious illness
- Incarceration
- Domestic violence
- Deportation
According to California law, only minors may be subject to guardianship. One guardian may be appointed by a judge for either the child’s care and welfare, the child’s estate (property), or both.
The process of obtaining guardianship can begin through different avenues. The prospective guardian may be nominated by a child’s parent, or an individual can begin their own petition(s) for appointment of guardianship. A guardianship may be deemed necessary if it is the wish of the child (so long as they are 12 years of age or older), through court investigations, and if the guardianship aligns with the child’s best interests.
In order to become a legal guardian over a child, an individual must file the proper forms with the court. Additionally, if a person is looking to become a guardian, it may be necessary to read the Guardianship Pamphlet from the California courts website.
Related: Third-Party Custody Rights in California
Steps for Establishing a Guardianship
There are several basic steps for establishing guardianship. It may be helpful to seek professional legal help with this process, as it may be complicated. The necessary steps for becoming a guardian in California are as follows:
1. Filling out the proper court forms
Depending on each situation, there may be additional forms to fill out. Generally, these forms will cover the duties of a guardian and petition for the appointment of a guardian of a minor.
2. Having forms reviewed
It may be helpful to have assistance in reviewing paperwork on guardianship cases. Resources for this include an individual’s county family law facilitator or a county self-help center.
3. Making multiple copies of all paperwork and forms
This will prove to be beneficial as the court may require that they keep a copy for records. The petitioner will certainly need to keep a copy for themself, and other copies will be necessary for those receiving notice of the guardianship request.
4. Filing forms with a court clerk
The court clerk is responsible for keeping copies of the petitioner’s paperwork and stamping them “Filed”. Some people may also be eligible to have the filing fee waived.
5. Providing notice
California law states that the petitioner (person filling out this paperwork) must give notice to certain people or agencies. An adult other than the petitioner must provide copies of relevant court forms to those on the receiving end – informing them that there is a motion in progress regarding the child’s potential guardianship. This can be done either in person or by mail.
6. Speaking with the court investigator before the court hearing
Prior to a court hearing, a court investigator will interview both the proposed guardian and possibly the child. Furthermore, the investigator will set up a formal home study and look at aspects such as where the child will live and where they will attend school, and then summarize their findings for the judge.
7. Going to the court hearing
This is a crucial step in the guardianship process, as this will be the opportunity to prove to a judge why a person should be a guardian. The proposed guardian must attend this hearing with copies of necessary court papers and forms.
FAQs about legal guardianship in California
Does a guardian decide about the parent’s contact with the child?
Yes, a legal guardian has the authority to make appropriate decisions regarding parent-child contact. However, in certain cases, the court may order visitation. If a guardian is worried about the child’s safety, they can ask the Court that the child’s parent be granted supervised visitation at most.
Does a guardian need to stay in touch with the Court?
Yes, every year the Court will mail the guardian a Guardianship Status Report form. This is necessary to inform the Court regarding any changes in the child’s address or home information, and if there are any concerns within the guardianship.
Can I, as a legal guardian, let the child stay with their parents or anyone else?
No. This is against everything that is required from you as a guardian – which is to keep the child under your care and supervision. The child must live with you unless there is a court hearing and a judge states otherwise.
Related: Temporary Guardianship of Minors in California
Contact Us
If you are seeking legal guardianship in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our experienced attorneys today!