California Guardianship is offered to a person who has received permission from the court to make certain decisions and take care of a minor child or an adult who cannot take care of themselves and/or their property. The California guardianship can be granted to a person who is related or unrelated, but most of the time, a person who is related has more eligibility.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that practices California family law and California guardianship. We represent clients in Sacramento, California and in Northern California with services they need and deserve when addressing guardianship of a minor child. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Call now 916-443-1267 for your free consultation.
California Child Guardianship
California child guardianship begins when you file papers with the court and go through a number of steps leading up to a court hearing. Once all forms are completed, you must “give notice” to all relatives. Usually, you must file your California child guardianship petition in the county where the child lives. However, if there is a child custody case already with custody orders affecting the child in another county, you must file the California child guardianship petition in that same county and court where the custody orders exist. That way, there will not be two different courts issuing custody orders about the minor that could conflict with each other.
Guardian of a Juvenile Dependent
A California Juvenile Dependency Court may declare that the parents of a minor child pose a danger and that a guardian needs to be appointed. A California child guardianship can occur in six, twelve, or eighteen months after a minor child has been removed from the parents’ home.
During the interim period, a California child welfare agency will prepare a permanent plan and the California Juvenile Court will prepare an individual permanent report for the minor child. If the California Juvenile Court determines the child cannot return safely to the parents, an adoption, guardianship, or long-term foster care plan will be established.
The parents, minor child’s other relatives, foster parent, and other interested party who may qualify for California guardianships may attend the hearings to argue why they believe they should be granted guardianship of the minor child. The minor child may even testify during the hearing to state which parent they believe is the best for California guardianship.
A California child guardianship requires an in-home inspection of the guardian’s home which is done by the child welfare agency. Additionally, the guardian will likely have to meet with the judge who made the decision, and still qualify for guardianship after other interested parties and the parents have given their opinions. However, once the guardianship hearing is underway, a parent or interested parties my not contest the issue any farther.
Removal of California Child Guardianship
A California child guardianship may be removed at any time if a California Court determine it is in the best interest of the child. Also, any child who is 14 years or older may ask the court to change their guardian. The California court will then investigate what duties the guardian has performed and what the best interests of the child are to arrive at a decision.
A California child guardianship can also be ended if the guardian asks the court to resign. Otherwise, any California child guardianship will end when the minor turns 18, is adopted, gets married, or becomes legally emancipated otherwise.
Rights and Responsibilities of California Guardian
A California guardianship may be entitled to make the following decisions:
- Where the minor child is to reside;
- Medical care for a minor child who is under the age of 14;
- The school the minor child will attend;
- When the minor child can obtain a driver’s license.
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