California Temporary Guardianships
Sometimes, a guardian must be appointed quickly. Here’s what you need to know about temporary guardianship of minors in California.
Guardianships of minors are when parental rights are transferred to a person who is not the child’s parent. This process is generally long and tedious, and therefore is not ideal for emergency situations. In situations where immediacy is required, a person can file for temporary guardianship, which is guardianship for a set period of time.
What are guardianships?
Guardianships are when a court orders a person to have custody of a child (and/or manage the child’s estate) rather than the child’s parents. Guardianships can be requested for a variety of reasons, but are generally granted when the child’s parents are unable to adequately parent the child. For example, both parents might be incarcerated, be sent overseas via military deployment, or have serious illnesses. If guardianship is granted, the guardian has sole physical and legal custody over the child, which means that the child will be living with the guardian. The guardian has the right and responsibility to make important decisions regarding the child’s welfare.
Related: Sole Legal and Physical Custody in California
The child’s parents do not lose parental rights, however; they are still the child’s legal parents and as such can have reasonable contact with the child. This is in contrast to adoption, where the status of legal parent is transferred to people who are not the child’s biological parents.
In the case of guardianship, the parents do not have to consent. For example, they may disagree with the notion that they are unable to adequately parent even if they are objectively failing the task. As such, a person over the age of 18 without any past criminal convictions can petition for guardianship without parental consent.
The process of obtaining guardianship is long and tedious. There are numerous forms to fill out and file in a particular order, and certain individuals must be served papers at certain points before the court date. This complicated process is prone to error. While it is not required to have a lawyer petition for guardianship, it is highly recommended. If you are in need of legal help regarding guardianships, contact Her Lawyer to be set up with an expert family law attorney.
Temporary guardianship of minors
As previously stated, the process of petitioning for guardianship is long and difficult. In some situations, it might be destructive to leave the child under the custody of their parents for the length of time needed for a court to approve the guardianship. For example, both parents might be completely absent, or the child might need immediate medical treatment that the parents refuse to provide. In cases such as this, a person over the age of 18 without prior criminal convictions may file for temporary guardianship.
As with a normal guardianship, a temporary guardianship grants sole legal and physical custody of the child to the adult, and the parents do not have to consent to the guardianship. The primary difference between the two is that temporary guardianships occur through emergency orders, and as such will end when the court appoints a permanent guardian.
In order to receive a temporary guardianship, the person must prove that there is a “good cause” to grant the order, which means that there must be substantial reason or grounds to grant the order. In addition, while petitioning for a temporary guardianship will result in the guardianship being granted faster than with a general guardianship, the adult must still fill out all the required forms for a general guardianship in addition to the forms for the temporary guardianship. To help prove that there is a “good cause” and to help assist with the forms, it may be beneficial to speak with a lawyer who has expertise on the matter.
Related: Third-Party Custody Rights in California
FAQs about temporary guardianship of minors in California
What are guardianships of a minor?
Guardianships are when courts order that a person other than the child’s parents have sole legal and physical custody of the child.
Do I become the child’s parent if I am granted guardianship?
No. Guardianships do not transfer the legal status of “parent”, as opposed to adoption. You will have sole custody of the child, but the child’s parents still have certain parental rights.
What are temporary guardianships?
Temporary guardianships are emergency-ordered guardianships that are granted in cases when guardianship needs to be quickly granted, such as if both parents are suddenly absent. They are temporary, and as such last only until a permanent guardian is appointed.
Who can be a temporary guardian?
As with normal guardianships, any person who is over the age of 18 and has no prior criminal convictions can become the guardian of a child. Usually, however, it is another family member that petitions for guardianship.
Should I talk to a lawyer if I want to petition for temporary guardianship?
While it is not legally necessary, it is always recommended to speak with a lawyer when dealing with complicated legal matters such as this.
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If you or a loved one have any more questions about temporary guardianship of minors 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 California Child Custody Attorneys today!