Becoming responsible for a child who is not your biological child is a huge responsibility, and wading through the law can be daunting. If you are seeking to obtain guardianship of a child in California, it is important to understand the process. This guide explains the steps, which will allow you to obtain the court-ordered authority that you need to safeguard a vulnerable child.

Perhaps the parents are substance-dependent, incarcerated, or struggling with serious physical or mental issues. When those situations arise, having information on how to obtain guardianship can provide stability and care the child requires.

Table of Contents:

• What Exactly is Guardianship?
  • Guardianship of the Person vs. Estate
  • Why Guardianship Might Be Necessary
• Alternatives to Guardianship: Are There Other Options?
  • When Informal Options Fall Short
• The Guardianship Process in California
  • Step 1: Starting the Case
  • Step 2: Notifying Family Members is Key
  • Step 3: Court Investigation
  • Step 4: Your Court Hearing
• Responsibilities of a Guardian
  • For Guardians of the Person
  • Financial Support and Public Benefits
  • For Guardians of the Estate
• Ending a Guardianship
• Conclusion

What Exactly is Guardianship?

Guardianship is a court procedure in which a person who is not the parent of a child obtains custody of a child, or obtains control over their property, or both. This is only made official by court approval. The court procedure is following a formal petition being filed.

The court can grant guardianship over the person (custody) or estate of the individual, or maybe both. The guardian assumes some critical duties. They become accountable to the court for the well-being of the child.

Grasping these obligations is of utmost importance. Seeking legal counsel from an experienced family law attorney can frequently prove beneficial if there is any uncertainty regarding any aspect of this procedure.

Guardianship of the Person vs. Estate

There are two types of legal guardianships. One is for the person and one is for a child's estate.

A guardianship of the person places an adult, other than the parents, in charge. They will have complete legal and physical custody. A court grants the guardian authority over significant decisions.

The guardian provides everything like housing and clothes. They also oversee safety and protection. A guardianship of the estate is managing money. This kicks in when a child inherits property or assets. There are very strict regulations about the management of money.

Why Guardianship Might Be Necessary

Numerous situations result in requiring a guardian. Unfortunately, sometimes one or both parents are unable to provide the care a child needs.

There may be parental death, abuse, or a military job overseas. A legal guardian may be needed for a child who requires one. Keep in mind that guardianship suspends parents' rights; it does not entirely remove them.

Alternatives to Guardianship: Are There Other Options?

Prior to pursuing court filings, it is reasonable to question whether guardianship is truly necessary. There are other solutions that are appropriate for some families and situations. The choice depends on the area of parental agreement.

Private arrangements may at times offer care with the parents' agreement. You may obtain a medical release to assist too. However, parents can reverse informal agreements at any time.

There is also the Caregiver's Authorization Affidavit. California Family Code enables a relative to complete this one. They then have authority over some key areas like healthcare and education.

When Informal Options Fall Short

Sometimes these paths simply are not enough to safeguard the child's long-term needs. Sadly, many children face unsafe homes. Formal court involvement is best in some cases.

The Guardianship Process in California

If you decide that guardianship is needed, there are certain requirements. Someone needs to make that request with the local court.

Step 1: Starting the Case

Starting a guardianship case is going to be your initial part of this process. First, fill out all necessary documents to ask the court. Expect a future court hearing.

The Judicial Council forms page provides all the paperwork needed to get this started. There will be filing fees unless a child has those costs waived based on earnings or is requesting fee waivers. It typically costs around $225 to start a guardianship of a person in California, or $450 for guardianship of an estate.

Step 2: Notifying Family Members is Key

Notifying family members is important. You legally have to have certain individuals notified when filing for guardianship. California wants people connected to the case aware of the planned hearing.

Serving paperwork follows clear procedures. The court wants official proof that relatives knew of a coming court date. You need legal paperwork delivered the correct way, also known as a service of process.

Step 3: Court Investigation

The court will assign a court investigator in many situations. These investigators dive into child situations before major decisions occur.

The court investigator's role is examining situations, looking for factors a judge should understand before choices that affect minors. Their job helps evaluate things related to potential harm and a child's ultimate best interests before anything is approved. Probate Code Section 1513 gives more info on the duties of the investigator.

Step 4: Your Court Hearing

After an investigator's feedback, prepare for a hearing with the Judge presiding. You, family, and close relatives of the minor all give opinions at the hearing. This formal hearing helps them understand all parts.

Responsibilities of a Guardian

Becoming a guardian of either a person or an estate is important. It's a critical time, where all children need care.

For Guardians of the Person

Financial Support and Public Benefits

Even with a guardian, parents must provide support still. As a guardian, consider getting financial help through local authorities or applying for aid.

Children sometimes qualify for aid, such as CalWORKs and benefits from programs. You will probably want to look into whether that aid is available. Child Protective Services could also be something to look into depending on the situation.

For Guardians of the Estate

If you oversee finances, extra tasks arise. Acting for a child's monetary interests means very strict rules about managing estate assets. California law views the guardianship estate as needing protection.

The estate guardian handles all things involved in taking in any funds. You are required to also maintain detailed financial documents and then frequently deliver updates, so the state understands what has occurred with property belonging to minors involved in guardianships.

As guardian of the estate, you must manage the child's assets with the care of a prudent person dealing with someone else's property. - Superior Court of California

You have to act cautiously. Speculative or risky ventures aren't allowed. Always segregate a child's assets.

Within 90 days after your official designation as estate guardian, prepare and provide what's known as an appraisal to your presiding courthouse. California probate courts closely track and watch all incoming paperwork pertaining both inventory totals plus estate assessment reports. Failure leads to forced reimbursement possibly coming directly out of personal finances, not estate coffers, alongside likely revocation of the existing court appointment entirely as protectorate overseer.

Ending a Guardianship

Guardianships finish with the person reaching the age of 18. But what if the situation improves sooner? A guardianship lasts until it is no longer required.

Any party can petition the court to consider terminating. Proving its end protects is key, because judges have complete authority concerning these conclusions involving youth. A Judicial Council form would need to be completed.

Conclusion

Ultimately, remember that understanding the specifics on how to get guardianship of a child in California requires getting all your info right and navigating court correctly. The whole system can appear complex initially. This includes filling various mandatory court forms accurately, plus ensuring everybody receives a court order for a proper "notice," about appearing at mandated future hearing.

While complex, becoming that person helps impacted children needing someone willing to provide care and support their youth at hard moments. There are millions of children that aren't in their parental homes. Becoming a legal guardian could change a child's life.