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Guardianship attorney · Southern CaliforniaGuardianship for a child whose parents can't care for them
When a parent has died, is ill, deployed, or otherwise unable to care for a child, a probate guardianship lets a grandparent, relative, or trusted friend step in with legal authority.
What a probate guardianship does
A guardian of the person has legal custody of the child and can enroll them in school, consent to medical care, and make day-to-day decisions. A guardian of the estate manages money or property the child owns, such as an inheritance or insurance proceeds.
Guardianships for children who are not in the child welfare system are handled in the probate court. They are different from custody cases between parents in family court.
The guardianship process
- PetitionThe proposed guardian files a petition with the required Judicial Council forms, including information about the child and the reasons for guardianship.
- NoticeThe parents and close relatives receive notice of the hearing.
- InvestigationThe court investigator or social services agency evaluates the home and prepares a report. The proposed guardian completes a background check.
- Hearing and lettersThe judge decides whether guardianship is in the child's best interest. If granted, the court issues letters of guardianship.
Temporary guardianship
If a child needs care right away, the court can appoint a temporary guardian while the main petition is pending.
When guardianship ends
A guardianship ends when the child turns 18, is adopted or emancipated, or the court finds it is no longer needed. If the child has a developmental disability, families often plan for a limited conservatorship to begin at 18.
Frequently asked questions
Do the parents have to agree?
No, but their consent makes the process smoother. Parents have the right to object, and the court weighs what is best for the child.
Is a caregiver's authorization affidavit enough?
For school enrollment and some medical care, a relative caregiver can sometimes use a Caregiver's Authorization Affidavit without going to court. Guardianship is usually needed when longer-term legal authority is required.
What about a child's settlement or inheritance?
Money a child receives may need to be placed in a blocked account, a guardianship of the estate, or a trust. We help choose the right option.