WHAT IS LEGAL GUARDIANSHIP IN CALIFORNIA?

Guardianship in California is a legal arrangement where an adult who is not the child’s parent is given the responsibility to care for that child and make decisions on his or her behalf. 

This arrangement is typically used when the child’s parents are unable or unwilling to provide proper care. Guardianship rights can be established for various reasons, including parental incapacity, abandonment, or other circumstances where the child’s welfare is at risk.

Guardianship is different from adoption in that it does not permanently sever the legal relationship between the child and their biological parents. Guardianship can serve as an interim solution for children in need of care, while adoption provides a permanent and stable family environment.

Whereas legal guardianship is often a temporary arrangement, it can provide a legal framework to ensure a child’s well-being when parents are unable to provide care, while maintaining the possibility of eventual family reunification or it can last until the child turns 18. 

The court can modify or terminate the guardianship if circumstances change and it is in the child’s best interest.

Legal Guardianship at Adoption Law Firm

HOW TO BECOME A LEGAL GUARDIAN

Here’s a description of the process of becoming a legal guardian in California

1 DETERMINE ELIGIBILITY

  • Anyone over 18 can apply to be a guardian, but they must be capable of caring for the child.

2 FILE A PETITION

  • Submit a “Petition for Appointment of Guardian of Minor” to the county court where the child resides

3 COMPLETE REQUIRED FORMS

  • Fill out additional forms such as the “Guardianship Petition-Child Information Attachment” and “Consent of Proposed Guardian.”

4 NOTIFY INTERESTED PARTIES

  • Serve notice to the child’s parents, siblings over 12, and other relatives about the guardianship petition.

5 COURT INVESTIGATION

  • The court may appoint an investigator to assess the situation and make recommendations to the judge about the appropriateness of a guardianship.

6 BACKGROUND CHECK

  • Prospective guardians undergo fingerprinting and a background check.

7 COURT HEARING

  • Attend a hearing where a judge reviews the case and makes a decision.

8 LETTERS OF GUARDIANSHIP

  • If approved, the court issues official Letters of Guardianship and an Order of Guardianship.

9 ONGOING RESPONSIBILITIES

  • File a confidential annual report with the court about the child’s status and care.

10 TERMINATION

  • Guardianship ends when the child turns 18, is adopted, marries, or if the court terminates it earlier to return the children back to the care of the parents, or appoints a different guardian.

Other factors the court considers in guardianship rights

The appointment of a legal guardian for a child involves several specific legal procedures to ensure that the child’s long-term welfare and stability are secure.

Before making any important decisions, it’s important to understand the differences between adoption vs guardianship. 

1 TERMINATION OF PARENTAL RIGHTS

  • The birth parent’s parental rights remain in-tact

2 LEGAL AND PHYSICAL CUSTODY

  • The guardian “stands in the shoes” of the parent, so the guardian is given sole legal custody and physical custody of the child.

3 CONSENT

  • The parent(s) may sign a child guardian consent form indicating to the court that they agree with their child being placed with a legal guardian.
  • If the parent(s) do not consent, then the court will conduct a hearing to determine if it is in the best interest of the child to be out of the parents’ care and custody.

4 COURT PROCESS

  • Filing for Legal Guardianship requires the completion and filing of SEVERAL different forms. It can be a confusing and time consuming process to ensure that the forms are completed correctly.

5 TIMEFRAME

  • Guardianship can be established relatively quickly, and even quicker if there is a request for an emergency guardianship or temporary guardianship along with the general guardianship.

6 BEST INTERESTS OF THE CHILD

  • This legal standard that the court applies is whether or not it is in the child’s best interest to be under the care of a guardian instead of a parent.

7 FINANCIAL SUPPORT

  • A legal guardian is able to include the child on their health insurance and able to travel out of state/internationally with the child.

  • A legal guardian may qualify for child support from the parents.

8 ONGOING SUPERVISION

  • Guardianships may require ongoing court supervision, which is usually minimal and requires an annual written update be provided to the court.

9 AGE CONSIDERATIONS

  • Any child age 12 or older must consent to the guardianship, and must also be given copies of any guardianship paperwork.
Consulting and partnering with an experienced guardianship attorney will ensure you’re making the most beneficial and loving choice for yourself and the child.

The Adoption Law Firm of Donnelly & Evans LLP has over three decades of experience in every matter related to both legal guardianship and adoption.

Please reach out to get informed early in the process so you can make the best decision moving forward.