There are different types of guardianship. Here, we are talking about probate guardianships, however, guardianships can be created in the juvenile dependency courts as well. Taking guardianship over a child is a selfless and caring act.
A probate guardianship is when a court orders someone other than the child’s parent to have custody of the child or manage the child’s property or both. If you are just looking to have custody, if it is deemed necessary and convenient, a probate court can order guardianship of the child, however, if you are looking to manage the child’s property, the court also can order a guardianship of the child’s estate.
A probate guardianship of the person is typically set up because a child is living with an adult who is not the child’s parent, and the adult needs a court order to make decisions on behalf of the child, i.e. to enroll in school, obtain medical care or make other necessary legal decisions for the child.
Understanding your rights in the care of the child you are a guardian for is very important, and if you are involved in legal issues related to your guardianship, you’ll want to understand how to best represent yourself.
Before you take that step, know how the law in California affects guardians and what options you might have while dealing with a custody, visitation or support dispute.
Other areas where we can help you include:
- First steps: How to establish a Guardianship;
- Gaining a temporary or emergency Guardianship;
- Ending or dissolving a Guardianship;
- Opposing a guardianship that someone else has filed; and
- Adult Conservatorships