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.
Juvenile Guardianship of a Juvenile Dependent
A juvenile guardianship can be established by a California Juvenile Dependency Court. This often occurs when the court declares that the parents of a minor child pose a danger and that a juvenile guardianship needs to be established. A juvenile guardianship can occur in a court proceeding either 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, juvenile 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 a juvenile guardianships may attend the hearings to argue why they believe they should be granted a juvenile guardianship. The minor child may even testify during the hearing to state which parent they believe is the best for a juvenile guardianship.
A juvenile 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 a Juvenile Guardianship
A juvenile 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 juvenile guardianship can also be ended if the guardian asks the court to resign. Otherwise, all California guardianships end when the minor turns 18, is adopted, gets married, or becomes legally emancipated otherwise.
Rights and Responsibilities of California Guardian
The guardian of a minor child 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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