How to File for Legal Guardianship in California

The process of filing for legal guardianship in California can be stressful. Here’s how to file for legal guardianship in California.

To file for legal guardianship in California, an individual first gathers all relevant guardianship documents. Next, an individual over 18 years of age serves the documents to relevant family members. Then, proof of service is filed with the court.

What does it mean to file for legal guardianship?

Filing for legal guardianship gives nonparental person rights and responsibilities to take care of a child. Legal guardians have the same role as legal parents, including deciding where a child goes to school and where to live.

1. Gather All Necessary Documents

Before the court hearing, all documents listed must be filed to the court:

Petition for Appointment of Guardian of the Person (Form GC-210(P))
- Asking for guardianship of the person only
Petition for Appointment of Guardian of Minor (Form GC-210)
- Asking for a guardianship of the child’s estate too
Guardianship Petition Child Information Attachment (Form GC-210(CA))
Notice of Hearing Guardianship or Conservatorship (Form GC-020)
Consent of Proposed Guardian, Nomination of Guardian, Consent to Appointment of Guardian and Waiver of Notice (Form GC-211)
Duties of Guardian (Form GC-248)
Letters of Guardianship (Form GC-250)
Declaration Under Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA )(Form FL-105/GC-120)
Confidential Guardian Screening Form (Form GC-212)
Parental Notification of Indian Status (Form ICWA-020) for each parent of the child
Order Appointing Guardian or Extending Guardianship of the Person (Form GC-240)

Local courts may require additional forms. Contact the court’s family law facilitator or self-help center to review the forms. Make several copies of all forms for individuals receiving notice.

2. File forms with the court clerk

Take the original forms and copies to the Probate Clerk’s Office. The clerk’s office will keep the original documents and return the copies marked “Filed”. A fee is required to file with the probate clerk. Fee waivers may be available.

3. Give notice

Under California law, individuals wishing to obtain legal guardianship must serve copies of the court forms to relevant individuals and agencies through a process called giving notice. Relevant individuals to notify may include:

Child’s parents or the individual with current legal custody of the child
The child (if 12 or older)
Child’s grandparents and siblings
The county’s social services or human services department
California Department of Social Services

If the service of process for legal guardianship is unsuccessful, document all information found and attempts at contact (this includes dates reached out to and visitation). Then file a Request to Dispense with Notice and a blank Order Dispensing Notice (Form GC-021).

Under California law, individuals 18 years and older are eligible to serve court forms. Individuals pursuing legal guardianship cannot serve their own documents. Legal guardianship papers can be served either by mail or in person.

4. File proof of services forms with the court

After completing the service process, obtain proof of services forms and file them with the court.

For service in person, the server should fill out a Proof of Personal Service of Notice of Hearing — Guardianship or Conservatorship (Form GC-020(P)).

For service by mail, the server should fill out a Notice of Hearing– Guardianship or Conservatorship (Form GC-020).

5. Formal investigation

To make a recommendation to the judge regarding guardianship prior to the court hearing, county officials may conduct an investigation of the home and prospective legal guardian(s).

Components of formal investigation may include:
Interviewing the perspective guardian and child
Home visits
Background checks
Reviewing the child’s relevant documents

6. Court hearing

After completing the required forms and investigations, a court hearing will take place. A judge will determine if legal guardianship is granted.

Documents to bring to the hearing:

Order Appointing Guardian or Extending Guardianship of the Person (Form GC-240)
Letters of Guardianship (Form GC-250)
Signed Proof of Service forms for the notice
All your other court documents

FAQs About Filing for Legal Guardianship in California

1. What is legal guardianship?

Legal guardianship is custody of a child or authority over a child’s property, with a responsibility to provide care for the child, manage the child’s assets, or both. Legal guardianship roles include making decisions about the child’s healthcare, education, place of residence, financial support, and more.

2. Who can be a legal guardian in California?

A legal guardian does not need to be related to the child. Guardians can be:

Siblings,
Aunts and uncles,
Grandparents,
Other relatives,
Foster parents,
Friends of the family, or
Someone who knows the child.

3. When must individuals be served notice in California legal guardianship cases?

All notifications must be completed 15 days before the hearing.

4. Can I serve legal guardianship papers myself in California?

No, in California, petitioning guardians cannot serve guardianship paper themselves. Someone over the age of 18 (a process server) must serve the paperwork.

5. How long after being served legal guardianship papers do you have to respond in California?

Current guardians of the child that have been served legal guardianship papers must respond within 30 days. After these 30 days, a guardian may lose their right to speak in court.

Contact Us

If you or a loved one would like to know more about how to file for legal guardianship in California, get your free consultation with one of our family law attorneys today.