When establishing guardianship for minors in California, it is important to understand the different options available and how each affects the legal rights of all parties. There are two main types of guardianship for minor children: informal and legal guardianship.
When do you need to establish formal legal guardianship of a minor? When can you use alternative guardianship forms such as a Guardianship Authorization or Caregiver Authorization Affidavit? Read on to learn more about the different types of guardianship for minor children, what forms each requires, and how A People’s Choice can help.
What is Guardianship?
Guardianship of minor children allows one person to make decisions on the children’s behalf. Under guardianship, control is relinquished from a biological or adoptive parent to another person on a temporary or permanent basis. Usually, a minor’s guardian is appointed upon incapacity, disability, or death of the legal parent.
Types of Guardianship
There are three different types of guardianship: informal guardianship, temporary legal guardianship, and permanent legal guardianship. Depending on the type of guardianship, powers consist of one or more of the following:
- Assuring the maintenance and care of another person
- Making financial, medical, and educational decisions
- Reporting to the court about the guardianship status on an annual basis
Informal Guardianship for Minors in California
Sometimes, a situation may require a minor child to temporarily live with a family member or friend. This situation may last a short period while a parent recovers from a financial setback or medical incapacity that inhibits their ability to properly care for their child.
In these situations, a family member or friend can take in a minor child for a short period. During this time, they assume responsibility for the child on an informal basis without involving the court system. Additionally, this informal caregiver usually has physical custody of the child. However, they have limited rights to make legal decisions affecting the child because they do not have formal legal custody.
Informal Guardianship Authorization
Parents can sign a letter of Guardianship Authorization that gives a family member or friend permission to care for and make medical and educational decisions for the child while under their care. This letter of authorization acts like a power of attorney but does not give the caregiver any kind of official legal custody of the child. Furthermore, it does not terminate or suspend a parent’s legal rights.
Instead, the letter of authorization provides recognition of a person’s caregiver status to doctors, schools, and other institutions. Therefore, this authorization allows them to enroll the child in school, consent to necessary medical care, and even apply for Medi-Cal or qualified benefits from the Social Security Administration.
Informal Caregiver’s Authorization Affidavit
Under Family Code sections 6550-6552, the Caregiver’s Authorization Affidavit can be used in lieu of, or in addition to, the Guardian Authorization form. Schools and medical facilities are required by law to accept the Caregiver’s Authorization Affidavit. However, only certain relatives are qualified to use this form, assuming the child will remain living in California.
Important terms and conditions of using the Caregiver’s Authorization Affidavit include the following:
- If the person caring for the child is a relative identified on the back of the affidavit, the caregiver can enroll the child in school. Additionally, the relative caregiver has the same rights as a guardian to get the child medical care, including mental health treatment.
- If the person taking care of the child is NOT a relative, this form still lets the caregiver enroll the child in school. However, they have limited authorization to make medical care decisions involving school, such as immunizations or physical exams required for enrollment.
- The Caregiver’s Authorization Affidavit is not an official court form.
- The Caregiver’s Authorization Affidavit does not have to be signed by the parents, but the parents can cancel the affidavit at any time.
- The affidavit is only valid during the time the child is living with the caregiver. Therefore, the caregiver must tell the school and health care provider if the child is no longer living with them.
Pros and Cons of Informal Guardianship for Minors in California
Both of the Guardianship Authorization and the Caregiver’s Authorization Affidavit are different from a court-ordered legal guardianship. With an informal guardianship, the guardian will have physical custody of the minor for a limited time. Furthermore, their rights to make decisions about the minor child are also limited.
An informal guardianship is a good option when a parent requires long-term hospitalization or leaves the United States for an extended period of time. Additionally, an informal guardianship is helpful when the parties do not want a formalized court order of guardianship. On the other hand, legal guardianship is permanent and can only be revoked by a court order.
That being said, informal guardianship does come with some downsides. For example, an informal guardianship usually does not allow a person to place the minor child on their medical insurance policy. Furthermore, a non-parent caregiver cannot consent to a disability assessment or sign a child’s special education plan if the parent is still available to make the decision.
Although an informal caregiver can enroll a child in school, the letter of authorization and affidavit does not specifically authorize the informal caregiver to enroll a child in daycare or preschool. Additionally, the informal authorization may prevent the caregiver from consenting to extracurricular school activities, although this varies amongst schools.
Temporary and Permanent Legal Guardianship
Obtaining legal guardianship may be a two-part process depending on the urgency of the order. Temporary legal guardianship and permanent legal guardianship are similar in that they both allow a person to make important decisions about the well-being of a minor. Additionally, both processes must have court approval.
On the other hand, the court can grant temporary legal guardianship on shortened notice in emergency situations. They appoint this type of guardianship with a temporary order pending a full hearing on the formal legal guardianship proceedings. Furthermore, in order to file for a temporary emergency guardianship order, you must have already filed a petition for appointment of legal guardianship. Typically, people file for temporary guardianship and permanent legal guardianship at the same time.
Who Can Be a Legal Guardian of a Minor?
A court-appointed legal guardian of a minor must be qualified to serve in that capacity. Furthermore, a legal guardian of a minor must be at least 18-years-old without any conviction of felonies or misdemeanors.
At times, the court will consider the minor’s wishes on whom they would like to have as their legal guardian. Other times, the court may review a durable power of attorney or will to determine who has been designated the minor’s legal guardian. However, in the absence of such documents, the court will usually appoint a close family member.
How to Establish Legal Guardianship for Minors in California
In order to set up legal guardianship for minors in California, a person must file a guardianship case in the county in which the child lives. Additionally, they must complete the following forms when filing a petition for guardianship of minor children:
- Petition for Appointment of Guardian of Minor
- Required attachments to Petition (must be custom prepared)
- Guardianship Petition–Child Information Attachment
- Notice of Hearing–Guardianship or Conservatorship
- Consent of Proposed Guardian, Nomination of Guardian, Consent to Appointment of Guardian and Waiver of Notice
- Duties of Guardian
- Letters of Guardianship
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
- Confidential Guardian Screening Form
- Any other forms the local court requires
A People’s Choice can help you prepare and file the forms required to establish a guardianship for minors in California. After filing the guardianship petition, you must give notice to certain parties and agencies who will have an interest in the petition. Additionally, a court investigator will interview the proposed guardian and possibly the child.
After the completion of the interview process, the investigator will make a recommendation to the judge based on their findings and the best interest of the child. Then, someone will conduct a thorough background check on the proposed guardian. This check which will include a home visit.
Once the investigation is complete, the proposed guardian will have to attend a court hearing. At this hearing, the judge will review the petition and all pertinent reports to make a final decision. Then, the guardian will file the order with the clerk. Finally, the clerk will issue Letters of Guardianship which serve as the guardian’s formal authority of their capacity and decision-making ability for the minor.
How to Establish Temporary Guardianship for Minors in California
In order to establish temporary guardianship of a minor, the guardian must complete the following forms and submit them to the court clerk at the same time as the Petition for Legal Guardianship:
- Petition for Appointment of Temporary Guardian of the Person (Form GC-110(P)) if you are asking for guardianship of the person only; or Petition for Appointment of Temporary Guardian (Form GC-110) if you are also asking for guardianship of the child’s estate
- Required attachments to petition
- Order Appointing Temporary Guardian (Form GC-140)
- Letters of Temporary Guardianship (Form GC-150)
- Any other forms the local court requires
Legal Document Assistance for Obtaining Guardianship of a Minor in California – A People’s Choice
If you are in need of legal paperwork to establish an informal or legal guardian of a minor child, contact A People’s Choice. We are happy to provide you with more information on the different types of guardianship for minor children and discuss how we can help you. Additionally, for more information, check out the The Judicial Council of California’s pamphlet. This document offers a good overview of California guardianship and guardianship alternatives.
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I have a formal guardian in California for my grandson. Can I move anywhere in the US without having to go to court in the new state to establish guardianship in that state as well?
Hello I have a question as I do not know where to start. My nephews live with me as their mom gave me and my husband temporarily guardianship(notarized paper) that they can stay with us. Needless to say that she has multiple cases in DCPS. She has previously threaten that she will take them with her and make them suffer. She mentally abused them through text. She needs mental help but refuses to get the help. There is so much more but at this point what would you advise me to do? Should I get a restraining order?? I am not to sure how to protect these kids as she has the right to take them at any given time.
Hello, You should speka with an attorney to find the best way to protect yourself.
Hello, I am wondering if you have suggestions about the process of a teacher becoming the guardian of a former student. I am unsure what the parent & step-parent’s reaction would be, and would like to ensure I have as much information about the process as possible before discussing this with them. This student is 16yo, in a neglectful/abusive household with significant financial struggles, and the student struggles with mental health issues. The student has former history with DCFS visits, but no open cases to my knowledge. Thank you.
You should speak with an attorney.
My girlfriend has a 16 year old friend that her father commied suicide and her mother does not want to care for her. She is in DCFS custody but she can come and go. Is there a way she can become gaurdian of her friend. What’s the easiest way to get guardianship?
We can assist with the guardianship paperwork. But if you are unsure of what the best option is for your situation, you should speak with an attorney. If you would like to go forward with with the guardianship paperwork, please call us at 800-747-2780.
My childs mother passed away two years ago and that same week i was incarcerated for 2 months so our child went in the care of her grandmother. I didnt reconnect with my child after my release as seeing her all i saw was her mother. Its a decision i will live with everyday but that was for less than a year and for the last year i have had my child every weekend. This is the only time the grandmother allows me to have her. I have expressed that i want my child back full time i work have my own place. But she refuses. She said she has full custody but there’s no way that that could happen she has been convicted of manufacturing meth when her children were little she is a drunk and her home as bed bugs I want my child out of there ASAP. I’ve been to the family law facilitator and they see no documents of her having any legal custody or guardianship only an order for child support. Iso when I get her this weekend I’m not giving her back and if she does what she did last time by taking her from school I’m calling the police. My question is if there was a temporary guardianship in place how do I have it removed can I just say it anytime that I want my daughters be home with me or do I have to go to the legal route to see a judge?
Hello Robert, I would get some legal advice regarding this issues or contact avvo.com. If you need help with the paperwork to terminate the guardianship, please call the office on 800-747-2780.
So I got divorced in prison and my ex has sole custody. In the divorce papers it says that after 1 year of my realesed if I stay clean and keep a job and get my own place we can get joint custody. I am 6 months out and doin great got an amazing job I’ve had for 5 months got my own place.. but her and her boyfriend asked me since they are not planning on getting married ever if I would give her boyfriend guardianship so he can put them on his medical since hers is not good.. I would like to know since I don’t have custody right now and if I signed him guardianship will that affect it when we go back to joint custody? And I would like to know do I lose parental rights of my kids if he gets guardianship?
If you give the boyfriend guardianship that will make it much harder for you to later unwind the guardianship and revise the custody. You may want to get legal advice from an attorney before opting that route.
Hello. I am 21 years old living in California. My brother (16) and I had our grandmother as our legal guardian since we were about 4 and 9 . she passed away unexpectedly last month in September . I want to obtain guardianship of my brother but how do I go about it. Our biological mother wants custody but I doubt the courts are going to allow her since its written in our case that she was an unfit mother, and is still the same as she was then. what do I do ? he also has ADHD and AUTISM. do I have to get custody of him or can I just take care of him regularly? ( I called the court where out case was held and it is closed and they didnt really give me information as to what to do next. they barely wanted to speak to me. )he was receiving a check every month paid to my grandmothers account and I wanted to know can I receive the same thing in order to support him a little better financially . What do I need to prepare to stand in front of a judge? and is there a financial requirement? I currently work part time and looking for another job. Please get back to me anybody. Any help is appreciated I’ve been very stressed.
Hello Tatianna, we can certainly prepare the paperwork for a guardianship, but as you have legal questions and given the unusual circumstances, I would strongly suggest getting some legal advice, whether at your local clinic or avvo.com. Please let us know if you wish to move forward with the paperwork 800-747-2780.
I have a big family. I do not have a job and still attending school but am married. I have 8 siblings living with my mom. After my father passed away she kicked me out because I turned 18 and moved all of my younger siblings to Minnesota. What kind of paperwork is required to gain guardianship. I know it’s impossible to gain guardianship over all of them but how many can I? Growing up we relied on EBT to feed us and we were on Section 8 but there would be weeks where our mom didn’t want to buy food or would disappear all day to come home late at night. We would have to rely on school food. I have reason to believe that she is doing the same thing in Minnesota and even has a boyfriend that does drugs in the presence of my younger siblings. He has said on multiple occasions, from what I heard, that he was going to sell my siblings off and not in a joking way. Although my mom doesn’t/didn’t physically hit us, she would push us around and belittle us. She doesn’t take my siblings to school consistently and have made my underage sibling (16) drive them to school on multiple occasions when she was barely able to get her permit. Everyone wants to come back to California but it’s hard because of how far they are. I also have reason to believe that they are getting rid of the older kids over there. They are getting ready to get rid of the oldest boy (16) by sending him back to California and the oldest girl (17) says that she feels someone has been following her. The older siblings in California are worried about opening a case because they do not want any of the siblings being separated or put into foster care. The only advice I was given was to wait until they are 18 then they can leave on their own but I feel scared for their lives. I really do not know what to do.
Hello Jennifer, I would definitely get some legal advice regarding your situation. Should you wish our office to prepare any guardianship paperwork, please call 800-747-2780 and a member of staff would be happy to answer any questions and send a contract for services.
I have to sign over temp. Guardianship over to my aunt of my son but I have joint custody of him with his dad can I still sign over Guardianship over to my aunt? I live in kern county ca⁸
Hello Megan, I would get some legal advice regarding this or check the website avvo.com. Should you need any documents prepared, please call the office on 800-747-2780.
Hello, so my dad is going on a “vacation” for a few months like over 4-5 months, trying to look for places to possibly retire, and will be leaving my 13 year old sister with me. We reside in the same home and I’m staying with her in CA. I just want to know what is needed for temporary guardianship without so much fuss. She can get pretty sick and will probably be getting into special education after her placement test. So, I will need to make sure I can do all that for her with no issues. Also, she’s insured with Medi-Cal and SNAP benefits, so I need to make sure all of that stays fine in case of having to renew, etc. What is going to be needed? Any help or just a nudge in the right direction would be appreciated. Thank you!
Hello Jessica, we can prepare a temporary guardianship power of attorney, but I could not say whether it would suffice for your particular requirements. If you are able to find out if that will be all that you require, you can call the office on 800-747-2780 and a member of staff can send out the contract for services.
How are you today? How do I request a certified copy of Legal Guardian papers for my grandchild in San Diego California by mail? We do not reside in California.
We (her grandfather & I ) were granted as legal guardians for her in 2020. Is there a fee for the document? Thank you
Hello Sierra, you would need to contact the court to obtain any documents. They can advise if there is a fee for that.
Thank you for this article. I really need some sound advice regarding my situation, which is I’m going on a four year living Hell brought on by my parents and eldest brother who forced me into a nightmare of homelessness and parental alienation from my soon to be 17 year old daughter, who I’ve been allowed zero contact with since February 2018. I have strong reason to argue that all three of them are guilty of commiting perjury to the appointed judge on the first court hearing to establish temporary guardianship back in May 2018. I was running late to court, frazzled and panicked with a legitimate excuse. I called the court and begged them not to see the case for my daughter until I arrived. The court receptionist informed me she would let the balif know my situation, and she did. When I arrived flustered just a mere 15 minutes tardy, I saw my mother, father and eldest brother gathered outside the courtroom in the lobby. My heart jumped with fear when I saw my brother there, and I asked them what he was doing there, since her guardianship had nothing to do with him. He quickly and sternly told me with puffed up assurance that I was in fact, “too late- they had already been granted guardianship of my daughter” and I should just leave. I threw up my hands in confusion and cried, “what do you mean? That’s impossible, I called and the court clerk told me they would wait for my arrival!” I searched my parents faces desperately for an answer, maybe a misunderstanding. They only backed his argument and statement by both saying, “your brother is right, you’re too late, were sorry, but we won. You should just go now, and save yourself much embarrassment.” My hands were still up in complete confusion and I felt like someone kicked me in the stomach. At that moment my brother who I will add, is a threat to my livelihood, and has singlehandedly robbed me of my childhood and better part of my adult years by molesting me as a child and then recently reappearing in my life when my late sister in law became gravely Ill with thyroid cancer, to turn my normal and stable life upside down and turned everyone I knew and loved against me- well, he further confused me that morning by pulling a devastated me aside outside the courtroom to tell me these words..” I just want to let you know that every bad thing that’s EVER happened to you, is because of me.” At that moment, all the validtion I had ever needed to tell me that he, in fact, was my faceless childhood molester, was made 100% clear. It was his selfish way of freeing himself of years of guilt and also failproof way to steer me out of the courthouse so that, at 9:29 am (I learned to my absolute horror one year later from a requested minute order from this hearing) court would then readjourn, the three of them filed in looking confident of their working “plan” (I can only imagine) then the paper goes on to say they presented the judge with some sort of ‘evidence’? against me, and then a motion was made to make my parents temporary guardians and that was the end of it. Ok, fine- but I NEVER signed any paperwork terminating my parental rights, and I didn’t understand why the heck they all steered me out of the juvenile justice center that morning. Just what was to be discussed if I was present that day? (which I WAS, and I would never have left if I knew this ONE tiny fact that was kept hidden from me.) I found out from doing a simple Google search that that court date was when the court would have determined and signed off a legally binding visitation schedule, and without that, I had no access to my daughter, and they’ve kept this up for almost 4 years. I feel secure in saying that anything my elderly parents and resentful brother presented to the judge that morning without my permission, presence or knowledge, was a lie, and flat out perjury. FYI, My mother is a school psychologist with her doctorate, and I am well aware she took oath never to lie to a court of law, and she has done everything in her power to keep me away from my daughter this whole time. I was allowed only one visit that lasted a mere 10 minutes before she hurried me out of the house and told me later on the phone that my father collapsed that evening, that it was my fault for upsetting him (I had asked him a sincere question if he ever really loved me, and he responded that all I ever was to him was a business proposition (?)) I was so heartbroken and confused. She told me it would be best if I didn’t visit their house anymore. I tried many times to get my mother to allowe I side just to see my gi, but everyti.e she turned angry and there was no reasoning with ber. I would leave flustered and in tears. I have tried all avenues at trying to find a d get in contact with my daughter. They changed their phone number, lied about her school that she attended, and then, to my shock I found out from my sister that my brother secretly got my child her own cell phone, and she kept it a secret from me for two years, and then a next door neighbor of my parents told me my brother had “moved in” to their house, affording him unlimited access to her in all ways, even sexually…I have reported this information to CPS twice, trying to open an investigaton on my brother, but realized nothing was done when I learned he moved into my old room, and was sleeping in MY old bed.
I guess I just need help, the only thing standing in my way of regaining full custody is stable housing. I have been residing in a shelter that promised housing vouchers but just found out after six months they exited me for bed abandonment ( I was getting bullied by few street minded women there, had my belongings stolen several times, and a covid outbreak caused me great fear because I have a suppressed immune system- ) this shelter was turning quickly into a veritible Hell for me. My counselor didn’t even report the suspected sexual abuse of my brother to my daughter. This :’last house on the block’ so to speak, run by LA Housing, in my personal honest opinion is a sham, a shameful place of illegal activity taking place against humanity just so LA will save face, and clean up their ‘homeless problem’. I’m sorry, but nothing was done to help me and also because of their great advice which I trusted, my car was towed and impounded 4 months ago, and I couldn’t afford the fees to release it. There went my safety net and transportation so I could help my daughter if for any reason she needed me.
I just need advice. I’ve tried every avenue. Please help. Thank you in advance for any advice, I don’t k ow where to turn
Hi Robin – I would recommend that you get legal advice from an attorney. Unfortunately, as a legal document preparation service, California law does not allow us to advise or counsel people on their legal rights and remendies. You would need to know what type of legal documents you wanted to file.
Hi there, my sister in law recently passed away and assigned legal guardianship of her two sons to my husband (her brother) and I. We want to share guardianship with their grandma as well but we’re unsure what the steps are in the process or if it’s an option.
Hello Emily, we can certainly assist with the guardianship paperwork but you might want to get some legal advice regarding sharing guardianship with another party. Please call the office on 800-747-2780 to speak to a member of staff regarding the preparation of the paperwork once you are ready to move forward.
Hi I live in California and three years ago I took my grandson’s in at the time both parents were incarcerated. Now that my son has been out for about 2 years he wants his boys back. I filed for guardianship of my grandkids due to having the authorization to be able to make decisions for school and medical and SSI. Can I let my son have his boys back cause they also want to be with him.
You would probably want to formally terminate the guardianship.
Would they also look in financiases/stable job to be eligible as a guardian ?
They look at a variety of things including what is best for the minor. It varies in every case.
Hi, I could use some advice. My ex husband and father of my child just died. He named our minor child as beneficiary of his life insurance policy. The insurance company told me they would not release the funds without a financial guardianship from the courts. I am her surviving parent and legal guardian. Is there something else I need to seek out?
Unfortunately we cannot give you legal advice but it you do decide you need to proceed with a legal guardianship, we can certainly help you with this paperwork,
Hello , I need some help and what we can do.
My niece and nephew were taken away from there mother due to abuse. but they now wanna give the kids to her mother even tho she was present thru all the abuse? now that the kids aren’t with them she is considered For them and cares for them so much but when the kids were in her mom she never bothered to buy them food, diapers, wipes etc. It was always my parents. Even take them to the doctors. my brother is incarcerated and wants to give my mom for both kids. where do we start the process ? the next court date is April 17th, and we are truly afraid of the kids going back to either mom or grandma… we have photos and videos of the kids being abused for the past three years. Hope I can get some help :)
Hi Quiana – I am not sure what type of legal paperwork you are trying to complete. You may want to give the office a call at 800-747-2780.
Hello please help I’m not the babies real auntie but I’ve been in her life since she was 5mon she is about to be 4 in August but she has been tooken and her mom is having a hard time doing the things that need to be done to bring her home it’s been about a year and a half now and she still with the CPS people I was needing information in Las Vegas Nevada of what CPS would look for in me determining to place the child in my care until the mother gets it together I don’t want her to get lost in this system I love her very much
Your situation requires legal advise. You need to speak with an attorney to find out your next steps.
My husband and I are permanent residents in the US (Green card holders) and our 3 year old child is a US citizen. Most of our family is in India. We would like our daughter to go our family in India if both the parents die. Is this possible? What forms do we need to fill out to make sure our child doesn’t go to foster care. Thanks.
Perhaps you should set up an estate plan with the will and the various documents that would accommodate this type of request.
My brother is having problems with the crowds he hangs out with, so my parents want to send him with my aunt. My aunt is willing to take in my brother for about a year and half and enroll him in school there. Would it be better for it to be an informal guardianship or temporary legal guardianship?
It is hard to say what would be better. Your aunt may want to ask that question to an attorney.
Hi, my aunt is seriously ill and wants my mother to become a guardian to her two children. She coming from the state of Georgia to California to live with us. My question is, in order to establish temporary guardianship over the children, is the paperwork required for the process needed to be file in the state of Georgia or in California? Or both.
Once the children are here you should be able to file in California.
Hi, I am needing to figure out the right steps to take for legal guardianship, even temporary legal guardianship in California. My wife and I have been taking care of a baby since she was 8 days old. She has lived with us since she was 1 month old. She is now 4.5 months old and the parents have decided to give us temporary legal guardianship seeing as they are not ready to be parents. Is there forms we can all 4 sign without needing to go to court and having an investigation done? And if not what do we need to do to get started?
Filing for legal guardianship of a minor child can be an expensive proposition using an attorney. That is why many people use our office to prepare the documents. We can certainly help you with this case, and would suggest you contact our office at 800-747-2780 at your earliest convenience.
Hi. I am currently in a very similar situation and would like to know what happened in your situation and what you did in the situation for you and the minor. If you could please enlighten me and guide me in my similar situation that would be greatly appreciated!
My mother would like to grant me guardianship of my three younger sibblings if the case of her not being able to provide care to them. How would we go about on this? What is the process in California. Could she sign off a document and have it notarized? Or would this have to be court mandated? Thanks.
You probably will require a formal legal guardianship but you could try an informal one. We can help with the paperwork for either.
My sister passed and my niece it’s 12 her father lives in Mexico and he wants full costudy of she . She’s diabetic tipe 1 and I want to get her permanent guardianship? Can I still get my niece and keep it in the country and give her health insurance!?
You could certainly try. It’s hard to predict what the court would say but they are always considering what’s in the best interest of the child.
We are exploring possible legal options for me (grandparent) to be able to add a grandchild to my medical family coverage. Would my daughter and her husband; who are financially struggling right now; need to give up parental rights for Temporary/ Legal Guardianship?? Is there a time limit for Temporary Guardianship??
A legal temporary guardianship is s court process that can be terminated down the road. Give us a call for help with the paperwork.
My husband has full custody ( legal and physical ) of his 15 year old daughter for past 2 years. The mother never showed up to court . Provides zero emotional or financial help. My stepdaughter keeps asking me to adopt her or become her guardian as I’m the one who hasn’t always raised her even before the custody ( 10 years now) do we still need the bio moms input on this? Although she does nothing for the child , she is super petty. My step daughter worse nightmare is being forced to go back with her if something ever happened to her father
If the mother has not been involved in the daughter’s life but is not willing to voluntarily sign a consent, the court will consider terminating parental rights under cetain circumstances. We assist with both processes, the stepparent adoption and the petition to terminate rights of mother. Give us a call at 800-747-2780.
Hello, I have a 3 year old niece who is currently living with my mom, her grandmother. The baby’s mother is always absent due to drug issues and does not give any financial support. The father comes around ever so often, to help take the baby to day care but does not help financially at all and is basically not around unless we ask him for help. I want to take guardianship of my niece but not sure of my chances and am scared to seek legal help because I do not want it to back fire on me. I am 23 years old and have a full time job and live with my boyfriend and his family so our home is very stable in all ways. Just wondering how to go about this..
Why doesn’t the grandmother who is caring for the child file guardianship? That would appear to be the more obvious solution. You could certainly file as well if the grandmother is not capable. It will be up to the judge to decide.
I have legal guardianship of my niece from Arizona since October 2015. When i was moving to California in July 2016 I obtained permission from the court to relocate. I have been in California since July of 2016. Do i need to file paperwork in California for guardianship as well or does my guardianship from Arizona valid here?
Talk to an attorney for direction and then once you have your answer if you need paperwork done, let us know. Most likely you will need to reapply in California.
Can you please explain me the process of adding my parents as temporary guardians to my son
Does temporary guardians come under legal guardian?
Please help its emergency
There is an informal guardianship authorization and a regular court guardianship. We do have articles on our website about both options.
I have 2 children who are currently with my brother due to inceration of both parents. I was released sooner than father.although I have a warrant due to missing a scheduled appt with probation. My. Daughter was sexually assaulted by the neighbor which is why i missed appt . since this incident my brother will not allow me to have any contact with my children.is he allowed to do this? I never signed any documents for my children what do I do
We cannot make comment on this; however if you wish to file legal proceedings to cancel the guardianship, let us know.
My boys father just signed over his rights. My parents were awarded temp guardianship and in January they will get Permanente. My question is can I maintain my rights and share custody/guardianship w them? It would be like my parents are parenting them with me. Financially i cant provide everything they need right now.
It might be possible for you to have visitation but every case is different. We can help with the application.
My husband and I have residenship in California and would like to obtain legal guardianship of my niece who lives in Mexico. Mi niece is 5 years old and her parents are not financially stable to take care of her.In which place do I have to fill out the petition to be a legal guardianship,in California or Mexico?
I believe the child would have to be in California first before you can file for guardianship. You may want to talk to an attorney first.
I have been raising my niece over the past 5 years. I had a power of attorney drawn up but have since got married and changed my name. 2 question do I need to draw up a new one with my married name and adding my husbands name as well or will the old one still be valid. Also if her mom willingly gives me guardianship over her do we have to go to court.
A formal guardianship is a court process that we could help you with. We could also help revise the power if attorney if you want to keep the arrangement informal. Let us know how we can help.
Can I share legal custody with my parents of 2 sons (16yrs and 15yrs) if their father wants to sign off his legal rights?
I am not aware of a way a father can sign of legal rights unless another person is adopting to take his place. You may want to talk with an attorney.
My niece(my brothers child) has just been taken into custody by the state. She was being abused by her mother’s boyfriend. They are all(brother,mom and boyfriend)drug addicts. My niece had been beaten. I want to have her come live with me but in out of state. What do I need to do?
Asher – we are not attorneys so if you need direction, you need to contact an attorney. Once you know what documents you want to file you can contact us.
Hello My name is Jessica , i am currently caring for my 2 month old niece ive had her since the day after she was born and her mother was incarcerated. When her mother was released a week later she went back to the streets. I have not been able to locate her mother to recieve written gaurdianship. What would be the best way with going about gaining legal guardianship for her without a written document sihned by her?
If you have custody of the child, you can certainly file and petition the court for formal legal guardianship of the minor child. Contact us if you need help with the paperwork.
My father started an UTMA (bank CD) with my son’s name and SSN when he was born. My father passed away a year ago, but he did not name a successor custodian for the account. So, the account is solely in my son’s name, but he is a minor (12 years old). As his biological parent, I’ve been working with the bank to add me as a new custodian. The estate department of the bank is asking for a Letter of Conservatorship/Guardianship (Fiduciary Letter). Is this something I can do myself or do I need to hire an attorney? I reside in California.
If you are talking about a guardianship of a minor’s estate, yes we can definately help you with that paperwork. Give us a call at 800-747-2780 for help.
My husband and I are planning on divorcing. We are guardians for a 5 year old how will this affect the guardianship. We both agree that ue will stay with me. Also we have adopted a 1 year old how will that affect the adoption?
Both of these issues should be addressed in your marital settlement agreement.
What Paperwork is necessary for Guardianship assignment in case of Mother’s passing?
I believe you would need to Petition for a new guardianship.
I was wondering I have a friend who was incarcerated and her family is taking care of her 2 kids. Ever since she has gotten out she has seen them and even gave brother money for them. And there were never any papers signed on guardianship or kinship ect. And she went to see her kids and the brother wont let her see them. What does she need to do.
She may want to contact the police if, in fact, there is no legal guardianship in place. If she needs legal advice she can speak to an attorney too to discuss her rights and a plan of action.
Hello I am 25 years old, my mom just passed this month and left my 19 year old brother, 15 years old brother and my sister is 12. Now the small one is born in the USA but my other two brothers aren’t. I will like to have legal custody for the 3 of them and do a petition to get my two brothers legal documents to come to the USA to live with me and have them continue with school.
Talk to an immigration lawyer first. aim e they are here legally you probably can file for a legal guardianship. We can help you with that paperwork.
Can parents of the child be served by phone?
There are different options depending on the type of proceeding you are filing. Give us a call at 800-747-2780 if you need help with your paperwork.
My daughter has a drug problem and is not able to take care of her son I would like to have full custody of my grandson and she is willing to give it to me, what documents do we need. Do you need to be married in order to have legal custody? Do you need to make a certain amount of income to have the custody? What procedures do we need to go through.
You may want to file a legal guardianship which we can help you with. You do not need to be married to do that. Where is the father of the child?
I live in NY and would like my daughter to stay with my sister that lives in California to attend High school in August 2018. I’m hoping to move in January 2019. What would be the best way to give her guardianship so she can register her in school and get health insurance. I would like to avoid going to court. But when i spoke to the school they want to see a court order. I’m just confused regarding all the options there is. Thank you,
You may want to speak with a California attorney re options. We can prepare a guardianship power of attorney but not sure that will be sufficient for what you want to do.
I want to be the legal guardian of my own biological sister. She is 13 years old and lives in California with our biological parents. I am married and my husband is military. How should I go about starting the process because I am not sure where to start.
What is the reason you are seeking guardianship? You may want to call us at 800-747-2780.
Hi, my name is amber. So my current situation is that my grandmother has full custody of my two younger siblings one is now 17 and the other is 16. However, as of now both my siblings are no longer happy living there. They are constantly being told stuff from aunts and I am tired of having to get a crying phone call once in a while. So my question is what can I do to terminate my grandmas guardianship over there and become their new guardianship.
You would have to file a new petition to change the guardianship.
My daughter and her husband died recently, leaving one child, their 18-month-old daughter. I would like to apply to be her legal guardian. Many years ago, I served time for a felony, a “white-collar” financially-related crime, and have since worked hard to overcome this. I continue to pay restitution. I can provide excellent references from my current employer etc. I live in California and so did my children. I am caring for my granddaughter now. In your experience is this type of felony something that would automatically make me ineligible to be my granddaughter’s guardian? Would adoption even be possible some day? I rent my home and have limited funds for legal fees. The other grandmother, my son-in-law’s mother, would be willing to support this decision and would be willing to serve as guardian of the children’s estate (there is a paid-for house and a small insurance policy) if that would make a difference.
I do not believe this would make you ineligible but you may want to ask an attorney what they think. Once you have their opinion, if you wish to proceed, contact us and we can help you do the paperwork.
i am 16 years old an living in california with a family friend my moms friend has been trying to get me medical insurance all she has right now is a petition over me does she have to become a legal guardian my mother stays in new york and im staying in california does my mom have to sigh her rights over in new york and after do we need to finalize it in california ?
Most likely she will need to file for a formal court approved legal guardianship to add you to her medical insurance policy. Maybe she should ask her insurance company.
What are the rights of a named father in an attempted adoption by grandparents and petition for termination of rights of a child he was told died then was alive and kept from him and never met or given notice in guardianship proceedings which was the first step in adoption based on guardianship for two years being in the best interest of the child? Whooo long question sorry.
We are not lawyers and cannot give you legal advice or discuss “legal rights.” Speak to a lawyer regarding this.
Hi there, my husband and I are applying for guardianship of my niece. She is in California and we are in Washington State. Should an order granted in California allow us to take her to Washington state with us? Would we then have to also apply for guardianship in our state of residence? Please help!
Your California guardianship is a court order just like any other court order and would still be enforceable across state lines. However you would need to get court permission to move the minor out of state. Please call us for assistance with your paperwork. 800-747-2780.
My ex-wife and I share a legal guardianship of our severely disabled granddaughter since 2004 thru the state of KS. I had to take physical custody in 2012 of her due to her mother abusing drugs and ultimately going to prison. Her grandmother (my ex-wife) and I have had this informal arrangement between us for child support and summer visits. I live in CA and she still lives in KS. I keep our granddaughter for 10 months and she keeps her for 2 months over the summer. We both have guardianship of her and maintain this annually thru the court in KS. Last year her grandmother decided she did not want to financially provide support anymore and this year is deciding not to keep her over the summer anymore. Is there a legal responsibility for my ex to provide support as a parent would have too?
I would talk to the Kansas lawyer to find out what your rights are regarding that guardianship since that is the state where the order was issued.
What are my visitation rights as a parent against gaurdianship.
You would have to speak to an attorney to discuss issues about your legal rights. We are not allowed under California law to provide legal advice.
Hi I will some answer so this what’s going on my mom just past way on October 28 my daughter is living with her aunt does the aunt has more rights then me as her father
You did not provide much info about you and your child’s relationship. How involved have you been in her life? What is your relationship like? The court will often look as to what is in the best interest of the child. If you have been absent from her life for an extended period, that is probably not in your favor. Obviously if you want to get involved, you will probably have to file some paperwork to bring the matter before a judge to decide.
My 13 year old nephew’s mother is attempting to get full legal custody of him to get child support but he’s only been living with her for less than 2 years. It has been hell for him. Hes already written a statement expressing his fear of and the abuse of his mom. His father is in jail but has recently contested his mother’s petition and his parents have recently filed for emergency guardianship. How likely is it that the courts will allow my nephew to choose to move back to my in law’s? She has a pretty extensive rap sheet for drugs and is still verbally and physically abusive. Will the judge ask her her true intensions and why she left my nephew to his grandparents for more than 7 years? Thank you for reading and your help.
It is hard to anticipate how a judge will rule in this matter. It certainly would be important to have documents filed that clearly identify concerns and issues for the court to consider.
My goddaughter is a minor and now pregnant. She has been living with her boyfriend who is also a minor and his mother for the past 2 months. Her mother is trying to force them to get married. My goddaughter does not want to get married right now so her mother isn’t now threatening her. If she doesn’t go through with the wedding her mother will force her back home with her. It was not a good living environment for her. His mother will agree to sign off on the marriage as well if he only other option is her having to go back home. I would like to get guardianship of my goddaughter as she won’t meet qualifications for emancipation. Age wise she could but she can not support herself. But we also need to be careful that her mother doesn’t grab her and take off with her and force her to marry. I didn’t mention the boyfriend wants to marry so he would be willing. My goddaughters mother will have the boyfriends father (told a drug addict) sign permission for him. Can you give me guidance on which guardianship would be best (thinking legal) and what we can do to keep her mom from legally running off with her? Thank you for any assistance you can give.
There are only three types of guardianship: 1) guardianship of the person, 2) guardianship of the estate and 3) guardianship of person and estate. You may want to speak with an attorney to determine the best path for you.
I have a 13 year old step sister (my wife’s sister). We just found out that they are moving the another country and my sister does not want to go. She a freshmen in high school. What legal couse does she have to stay here? What legal rights does she have? She is a born american citizen if that matters. We are willing to let her stay with us and become gaudians but that prosse takes time and they will be gone by then. What can we do? We don’t want her to leave, we just found out there leaving at the end of May.
She may want to speak with a lawyer who is a juvenile advocate to see what her options are.
Hello my friend wants to give me permanent guardianship of her baby that is not born yet she wants to start the paper work now cause if she wait till she have the baby the state will take the baby were do we start.
I am not aware of a process where you can start the guardianship before the baby is born. You may want to contact an attorney to get some legal direction and then if you wish to proceed on the guardianship give us a call at 800-747-2780.
I filed for guardianship of my granddaughter at her request. There was sexual assault (convictions) of the mothers boyfriend, documented drug use -including production in the home of illegal drugs, and an ongoing abuse case. CPS did not recommend the guardianship after the mother lied about my family- no one from CPS contacted us during their “investigation”. They have also refused to take evidence of abuse by the mother (photographs) and text messages documenting the 11 year old using drugs. The court investigator noted the child now says (after mom was served) that she wants no contact with me or her father (he is homeless) because she is “mad” at the allegations she provided for the application- she is now claiming she was lying. I have a hearing for a “contested” guardianship to fight the CPS no recommending the guardianship. Have you ever found these cases sucessful?
I cannot really comment since our role is simply preparing the guardianship paperwork.
Can cps remove my son from a friend’s home,even when there is a power of attorney giving her the temporary rights for my son.both parents were in custody and cps worker agreed
I would get legal advice from an attorney who handles these types of proceedings.
I am going to try to keep this short. I am currently the foster parent of a 2 year old little girl. I have been in her life since birth but she has been living with me for the past 10 months. Both mom and dad are not able to complete the things that CPS has required of them. Dad has already waived reunification services but did this because CPS told him that I would be the one with the first option f adopting her. Mom has done nothing she hasn’t had visits or attended any court hearing. Both mom and dad have huge drug issues. Mom and dad asked me to take the child when they realized they were spiraling out of control. Both mom and dad want me to keep her and adopt her. CPS became involved after I already had her at my house so they had me go through the process to become a foster parent. From the beginning they have told me I would be the first one they would look at if it came to adoption and never said anything about anybody else. About a month and a half ago a distant relative decided she should be able to adopt her. This relative has never met the little girl and she knew of the situation from the beginning but did nothing till now. This little girl that has known me since birth and lived with me for the past 10 months is very much bonded with me. CPS and state adoptions that previously said I was the one are now saying that the relative that has never met her may be the one but they want me to continue to foster her until the end of the case which will have the little girl living with me for over a year. She has already been removed from one family now possibly another. This just seems unjust. Is there any thing I can do?
You may want to get advice from an attorney as to what path they would recommend. Once you know what direction you want to take, we may be able to help with the adoption paperwork.
I have Guardianship of my four siblings and I currently moved addresses do I need to go down there to report my change of address and are they going to make me go to court all over again just because I change my address
You probably want to file a formal Change of Address with the court. Talk to an attorney if you are unsure of the steps you may need to take.
My wife and I voluntarily gave a non-family member temporary guardianship of our 3 kids by having temporary guardianship papers signed and notarized. Nothing was filed with the courts. We put no end date on the paperwork. It’s been less than 6 months and we need to get them back. Do we need to do anything to go them back? How do ensure that she doesn’t act like she still has them or try to file anything with the courts? We live in California.
I would present them with a formal withdrawal or termination document notarized that rescinds the informal guardianship and pick them up. If she does not release them to you, call the police. She still may try to file emergency paperwork with the court however once she knows your intent. That does not mean the court would grant her request but you would be forced to respond accordingly.
Hello there Sandy, two years ago to this day the grandparents of my little girl petitioned for guardianship.
They were successful due to my lack of a stable home. Living with my own parents did not suffice. It’s a one bed room apartment.
I received a letter today stating that the grandparents attorney has withdrawn in accordance with provisions of section 285.1 of the code of civil procedure.
What I am confused about is, does this mean the guardianship is permanent? Or just a notification that the attorney no longer represents them?
Sorry for the barrage of questions.
What I am most frightened of, is if I can’t reclaim guardianship. Once I have my own home, and can provide, can I petition to reclaim guardianship?
Or would I need to convince the grandparents to reverse guardianship?
We are in good communications, although I have not been successful in earning the income required to support my little girl…
Thank you for your time.
From what you indicate, it appears the attorney has simply withdrawn as the attorney of record. CCP Section 285.1 states: An attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void or voidable marriage, or for the support, maintenance or custody of minor children may withdraw at any time subsequent to the time when any judgment in such action or proceeding, other than an interlocutory judgment, becomes final, and prior to service upon him of pleadings or motion papers in any proceeding then pending in said cause, by filing a notice of withdrawal. Such notice shall state (a) date of entry of final decree or judgment, (b) the last known address of such party, (c) that such attorney withdraws as attorney for such party. A copy of such notice shall be mailed to such party at his last known address and shall be served upon the adverse party.
My cousin gave informal guardianship to her eldest daughter by letter notorized by my cousin and her daughter and my cousin gets child support from the father but she is currently encarated and is unable to cash the checks. How can her daughter cash the checks to help support her siblings?
I’m just trying to help her children
Doesn’t your cousin have a checking or savings account? Perhaps she could ask the father to deposit the money in a bank account for her.
Hello. I’m wanting to get info/ help My cousin and his girlfriend gave their 5 y o child to me. To take care of because they have a serious drug problem and are homeless. I filed for guardianship and have a court date in a court or of weeks. The child has told me terrible stories of them giving her drugs and other things. But I’m so very worried that the court will side in favor of the parents. I only have text messages from them and what I’ve personally seen along with everyone that knows them and have seen the horrible things they’ve done. Including the child’s adult sibling. Please tell me what my chances are in winning the court case Thank you so much
Unfortunately I cannot comment on what your chances of winning are. Obviously a lot has to do with the quality of your paperwork.
I have guardianship of my two cousins after my Aunt passed away. The oldest is refusing to follow rules and is a constant runaway,
What are my options on ending the guardianship and turn him over to the state?
You probably should seek legal advice from an attorney regarding this matter.
I have been raising my grand daughter since birth, she is now 7 years old. She has always known me as her mother. Her biological mother (my daughter) passed away 3 weeks ago and the child was conceived from a unreported date rape. There is no father listed on the birth certificate. What needs to be done to become the legal guardian.
Hi Robin – I think you may want to consider filing for legal guardianship at minimum and you may even consider adoption. Let us know if you would like to proceed with either option. 800-747-2780.
How do I go about leaving someone with full legal guardianship of my children in the chance something happens to me where I can no longer care for them. Obviously it’s not something needed now but due to family circumstances I would like to legally grant someone guardianship in case I can’t be there anymore. Is there a way to do this without involving courts?
You could make a nomination in your will. If something happens to you they will have to file a court guardianship but this shows your intent.
Hello, my little sister is 17 years old, she turns 18 in May of 2018. She lives with my mom here in California. My mom and dad are separated. My sister wants to go live with her boyfriend and his family in Conneticut and be enrolled to finish high school over there. My mom gave her consent move away. My dad doesn’t want her to leave. What will she need to be able to move over there and be enrolled by her boyfriends mom (who is also aware and ok with my sister mobing in with them)?? thank you in advance.
I would suggest you speak to an attorney to find out what possibilities there are regarding the situation. Once you have the necessary legal advice, then you can call our office to help prepare any required documentation.
My ex’s daughter is struggling to find a sitter for her 4 yr old son, they live in Washington where it’s only herself, the 4 yr old and her 9 yr old son and very few friends, I am in California. She wants to send him to me since there is more help here to care for him. I want to be able to put him in pre-k while I work Mon-Fri. 7Am-3pm and take him to get medical treatment if necessary. My question is, what type of guardianship can I get? Again I am not a relative but my son’s who are 16 are her brothers.
There are non-court guardianship power of attorney forms that a parent can sign giving someone temporary guardianship of a minor child. Please give us a call if you need help preparing the required documents. You can reach our office at 800-747-2780.
I have 2 children for which I’m trying to take back from my mothers house. I lived with my mother for years since I had my children and few months ago we argued and she attacked me. She then forced me out of her house and when I tried to take my kids with me they asked me to let them stay until I found a place. When I informed her that I was coming back for my kids she applied to be their guardian. I don’t want her to be their guardian I want to take my kids. Do you have any advice? Our court date is at the end of Nov.
You definitely want to file an opposition to her request. Please give us a call at 800-747-2780 if you would like our help in preparing the required paperwork.
I live in CA. My sister is having mental issues, she lives in Washington with her 8 year old daughter. She asked that we take her temporarily and have her go to school here and get medical care here. She and her daughter are also on state assistance. What is the best way to go about getting temporary guardianship of her if we live in different states?
You could temporarily prepare a guardianship power of attorney which probably would be sufficient initially to provide medical care and enroll her in school. Once she has lived here for a while and if the guardianship is going to be long term, you may file a formal court guardianship. We can help with both processes. If you feel you need legal advice, you should talk to an attorney, however from what you’ve said, it seems pretty straightforward and we should be able to help you.
I have a 6 year old granddaughter who I have had permanent guardianship over. My daughter is now clean , has another child by a different man , is working just recently but hasn’t had a stable place to live for several years and is currently sleeping on a blow up mattress on the living room floor of the new child’s grandmas house. She plans on living there for awhile. She has filed paperwork to terminate myguardianship which I rejected and now we have to go to trial.
How do the courts view my daughter having another child ( does that play into the court wanting to reunite them?), her current living situation and the fact that the man she had the latest child with is who she was using heroine with and prostituting for? She is doing better for the last couple years as far as staying clean although is using methadone still and she has moved 6 times in the last year and half , just barely got a job and plans to reunite with the man she was previously with (above) as soon as he is out of jail in 8 months. I am very concerned for my granddaughters well being if she is granted custody of her. How does the court determine what the best interest of the child is? Do they always favor the child returning to the parent even after the child has been with the guardian their whole life (6 years). I’m not sure what to do in this case to protect my granddaughter . Any guidance is appreciated.
Unfortunately there is no way to predict a court’s perspective on a legal issue. If you need legal advice, I would encourage you to talk with an attorney.
I have had my nephew for weeks and his mom is doing 6 months incarcerated. All I want is to get him in preschool while he’s with me, when his mom gets out she’s staying at my house as well and can all rights for him but what do I do to just get his shot records and get him into school?
We could prepare a temporary power of attorney guardianship form that should help with this. Please call 800-747-2780.
Good morning, I live in California and my nephew lives in Washington. He is 15 years old. His parents are unable to care for him and they are willing to have him stay with me. I am not sure how to start the process or even where to begin. I know laws differ from state to state. I know they can not drive here as well to sign papers for anything. What should I do in this case?
We can prepare a temporary guardianship power of attorney first. Then if you later want to file a formal guardianship once he has lived here for awhile we can help you with that you. Call us at 899-747-2780. All documents could be emailed to them for signature.
i have a question i had my son when i was 16 y old and he had some complications when he was born the hospital made my mom sign to b able to bring him home i was young my mom took care of him now he is 12 and im having problems with him school refusel and my mother is always in between my authority he listens to her how can i give her full custody of him??
Does the father have visitation? She could file for formal guardianship perhaps. Contact us for help with the paperwork.
Hello, my husband and are grandparents to our 14 year old granddaughter, Our granddaughter lives in California and we live in Arizona. Her mother is an alcoholic and homeless she is unable to care for her. We would like to have some type of guardianship to move our granddaughter here to Arizona to live with us. We would need medical, school, and sone type of legal authorization until she is 18 years old. Can this be done without a lawyer? Do I file California guardianship paperwork or Arizona? Our granddaughter’s father is dead, so she receives SS check until 18 years old. Do I go to Social Security Office in California or Arizona to get this changed? Also, she is on Medical, so do I deal with that here in Arizona? We cannot afford a lawyer for all of this mess.
Thank you, Linda
Hi Linda : A temporary non-court guardianship authorization would probably work initially. Then once your granddaughter settles in Arizona on a more permanent basis you should be able to file for permanent guardianship in that state. Give us a call for help preparing the required paperwork. You can reach me at 800-747-2780 ext 100.
Hi, I gave temporary voluntary legal guardianship of my 2 year old daughter to my parents December 2016, this was only for 1 year while I entered a drug program. At the time I was also awaiting trial for a crime I committed. I have always kept good contact with my daughter throughout, would see her regularly. However, I have now been sentence to 2 years in prison and Im scheduled to turn myself in on the 25th of this month. My question is how do I keep going with visitations? can they bring her to see me if the facility is close by? and what paperwork do I need to file in order to gain custody upon my release. Also my parents and I were scheduled to go back to court this December, as it will be a year of them having voluntary legal guardianship. Since I will be serving time, what will happen in that court hearing and what are my rights?
It sounds like you are looking for legal advice regarding your rights and remedies. I would encourage you to speak to an attorney regarding this issue.
I have legal guardianship of my niece. She is now 16 and wishes to live with her sister, who is willing to have her. Do I need to petition the court to end my guardianship? Should my niece in my custody file the petition? Does her sister have to file for guardianship? Trying to understand the flow and the easiest route.
The other party will probably need to petition for guardianship in conjunction with you petitioning to end your responsibility as guardian. Contact us if you need help with the paperwork.
Hi, my ex husband and I have had 50/50 custody both physical and legal of our son since he was 5 and he is now almost 12. Well I moved out of county 4 years ago and we haven’t been to court to change the agreement. My ex husband has a new girlfriend living with him and he keeps telling me she is our sons guardian and has a right to do what she wants since she lives in the house but yet I am very involved in my sons life. Is this correct and can she ever obtain guardianship if both of the parents are still alive and do not have any type of substance abuse?
It does not appear that your husband’s girlfriend has any formal guardianship powers whatsoever. Speak to attorney, however, if you need legal advice. If you have moved out of the county and your visitation and custody arrangement has changed, it would probably be a smart idea to formally sign a stipulation and order that incorporates the revised schedule. If he is not willing to sign a stipulation and order, you may want to file a formal motion to formally change the custody and or visitation schedule so that it actually reflects the schedule that you are enforcing.
i just got married and my husband has 2 kids under the age of 10. both my husband and there biological mother are in jail and the kids are being taken care of by my husbands oldest daughters mother. (so no blood relation to the kids) what do i need to do to get guardianship of my step kids? and do i have more rights over the one who is caring for them now since im legally married to there father? also this is what there father wants me to do is to get guardianship of my step kids but im not too sure that there mother is going to be ok with it. do i even need her consent or is that up to the court??
Someone should certainly file for formal legal guardianship if both parents are in jail! We can help with the paperwork. Keep in mind it is not an inexpensive process. Both parents will need to be provided notice if the filing. Your husband can sign a nomination form for you. Call us at 800-747-2780 to get started.
Hello, I have legal guardianship of my husbands 16 year old cousin in California. His mother passed away when he was 11 and his brother took custody of him. 2 years later his brother passed away in a freak work accident while working in Wyoming. A wrongful death case for his brother was recently settled and a settlement check was issued to me as guardian for the child. I just need to know legally how I can go about cashing this check and what my reporting requirements are. The check is written just like his social security checks are and I deposit those checks each month.
I cannot say what your legal requirements are in this case. It sounds like you have been appointed legal guardian so I would check your Letters of authority to see if the proceeds need to be placed in a blocked account. If you still cannot determine what you need to do, consult with an attorney.
I am biological father of my son and got married after my son biological mother died. Now we are realizing while filling school forms n any other place they ask for guardianship documents related with my second wife. His step mother is currently taking care of him n we all
living a very happy life. What can we do in terms of legal documents so that she can be legally accepted as her mother or guardianship.
Is she interested in filing a stepparent adoption?
I’m going through cps they have not removed my children but has threatened to remove them ..I signed a regular piece of paper giving my mom there grandmother temp guardianship will this work still… While I do my outpatient program I’m not trying to loss my 11kids in the system I’m tryin to better myself an have them all together i n there own home so my mother is living here at my place I need answer’s plz help
It sounds like you need legal advice. Please contact an attorney.
Wasn’t sure if my comment posted earlier. We have a 19 year old ex foster child living with us. We are getting ready to adopt her. She is pregnant. Doesn’t know who the father is. There is 2 different guys as potential fathers. Both live out of state. She is mentally and emotionally not capable of making decisions for a child and she is wanting to sign guardianship to my husband and I. From what I have read, there would be A CPS investigation with guardianship and we really didn’t want that for her because she has been through enough. Also if paternity hasn’t been established and she is going to be living in the same home as the child, will we have to get a “fathers” signature for this? We just need an emergency temp guardianship for now until she decides whether or not she wants to adopt the baby out or not. But I need to be able to make medical decisions and care for the baby as soon as she is born. So is there a way to file with the courts without actually having to go before a judge and dealing with an investigation/having to give notice to potential family members/signature of unknown father? Will they order paternity??
A court guardianship requires an order by a judge. The investigation is not typically conducted by CPS but rather Family Court Services. Notice would be required to the potential fathers but from what it sounds like they may not respond if they are out of state. Let us know if you require help with the paperwork as it is quite extensive.
What is the guardianship where you can file without having to see the judge? And doesn’t require investigation?
We can prepare a comprehensive non-court authorization for you that provides guardians with full authority. It is similar to how a financial power of attorney works but is specifically for guardians of minors.
Do we still file it with the courts? Does that still give me rights to make medical decisions and sign for potential surgeries? Also do I have to have both mom and potential father signatures? Mom is already willing to sign as she will still be living with us. Sorry for all of the questions.
The non-court guardianship authorization does cover for medical situations. However based on what you have told me, at some point it would probably be wise to file a court guardianship. If she puts “unknown” on the birth certificate, I would simply attach that to the guardianship document that has just mom’s name.
My ex mother in law who is 83 years old filed for guardianship for my grandson and did not list me as a relative. Due to her actions she has temp guardianship and the hearing for permanent is scheduled for July 14th. The judge told me that I could not present paperwork because I am not a party to the action. How can I intervene so that I can be considered as a candidate guardians?
You could consider filing a counter Petition for guardianship. Let us know if you would like help with this paperwork.
My daughter was in foster care for 10 yes with the same family they took guardianship of her about 5 yes ago. She just turned 16 and the women I’m going to call her L . well L contacted me out of the blue saying my daughter who wanted nothing to do with me 6 months ago now wants to come home. Now L is leaving the country as soon as her house sells telling me she doesn’t want my daughter to go back into the system so she wants me to keep cps out of it . but to contact my court appointed lawyer and ask what to do about the guardian ship. Now I’m not sure what to think. My daughter hasn’t spoke to me in 8yrs. Shed b leaving the luxurious life of a 4000 sq ft home a house keeper 3days at school and 2days home schooled , I phones . lots of $$$ to a 3 be 900 sq ft mobile home to not having a cell phone , unless she gets a job to pay for it.I’m not anywhere near 100% financially stable I live with my mom. Idk what to do? Do I contact a social worker or get a lawyer?? I feel like she’s just trying to teach her a lesson. She had my other 2 boys whom both asked to b placed somewhere else. I no longer have a cps case cause my boys r 18 . how do I get back guardian ship she says I voluntary gave up my rights but they were terminated by the court.
Talk to a lawyer on this one.
I have a nephew and I would like to have some type of right if my sister ever gets in trouble. My nephew dad is in jail with a felony. But Iam afraid that when he gets out he will try to get my nephew costudy.
Unless your sister wants to give you legal guardianship, I am not sure what you could do in the meantime.
Hi what is the maximum age for legal guardianship?
A guardianship is typically for minors under 18.
Hi I gave temporary guardianship to the grandparents an what rights do I have ..an how easy or hard is it to get my girls back
If this was a legal guardianship through the court system, you would most likely have to file a Petition to terminate the Guardianship. The court will look at what is in the best interest of the girls and your capability of providing for their needs. Give us a call at 800-747-2780 if you would like help preparing a Petition to terminate the guardianship.
Can I ask for my grandsons guardianship hearing be postponed due to the fact I did not know I needed to reply to the papers I received about someone else going for guardianship of him? An the fact that the maternal grandfather was never notified.
How soon is the hearing? I would try to respond and appear if possible. Call us for quick assistance 800-747-2780.
Is it possible to get a few hours unsupervised visitation once guardianship is granted and cps case is closed? For example i wanna pick my kids up and take them to a birthday party, not asking over nights but occasionallly be allowed to pick them up for a Outting. Does the guardian get to make the desision if that’s ok or not or do I have to go back to court? I’m not sure how to go about getting maybe 2 or 3 hours unsupervised visits maybe every month? Or on special occasions. The guardian is fine with me picking them up but cannot until she knows it’s legally ok or not.
You may want to hire our services to prepare and file a petition for visitation within the guardianship in this situation. Call us st 800-747-2780.
My child (16 years old) is going from Holland to California to school and will live with grandparents. What is needed for grantparents so they can help him with enrolling to school, getting med care and obtain ID and drivers licence from DMV?
How long is this arrangement for? I am assuming your son will have a legal status to allow him to stay in the US? If the arrangement is temporary, a noncourt legal guardianship authorization may be sufficient and will cover the items mentioned. A court guardianship takes away parental rights so that is probably not what you are looking to do. You may want to get legal advice and then once you know what documents you want to prepare give us a call at 800-747-2780.
Our daughter has full custody of her son but is finding she is unable to care for him the way she feels he needs to be taken care of and so has asked her father and me to take temporary legal guardianship of him. He is 14. What is required in this case and how long will it take to make this happen. Will that be enough to get him on our insurance?
Does the father approve of the guardianship? He will have to be notified. The required paperwork is extensive but the role of our office is to prepare it and assist filing with the court. A hearing will also be set usually 35-60 days out. The court will also conduct a guardianship investigation. Once the guardianship is approved I believe you will be able to put your grandson on your insurance. Please give us a call at 800-747-2780 to start the paperwork.
If there is only one parent living and that parent finds they are going to die from a terminal cancer diagnosis, can they give a letter of authorization to a half brother to care for that child and would that half brother have to have a background investigation by social services to be eligible for that type of guardianship? The child is 13 years old. There are no other living relatives.
Once the parent is deceased the relative would most likely need to petition for legal guardianship through the court which would, of course, require an investigation. It would probably be wise for the parent to create a will and nominate the half-brother as guardian as well. Give us a call for help with that at 800-747-2780.
Hi Ms McCarthy,
I obtained guardianship for my adopted daughters little sister. I would also like to adopt her. Would this be a difficult process? The case is much different with than with my daughters who were adopted from foster care. For this case, this young lady was adopted too, but her adopted mother informed me that she no longer wanted her and just dropped her off on my door step. Would she need to go back into foster care for me to legally adopt her or can I transition from guardianship to adoption?
We have helped people in this same situation adopt after filing a guardianship. Give us a call for help.800-747-2780.
my grandson is 6 mos old he was basically stolen from me legally. i live in California my son and his girlfriend were arrested Georgia, she had the baby while in jail in Georgia. i drove there to get him at birth and flew back to calif. with him. my x husband (my sons father) has a family friend who calls herself his cousin but she is not. her name is kim. Kim went to the court and filed for guardianship, on her forms she stated she was the one who went to get him in Georgia and she was the one the parents signed a notarized temporary guardianship form over to in Georgia and that she just needed California jurisdiction. the judge granted her temp guardianship with an upcoming hearing. The day she was granted temp guardianship she left the court house and called the police and told them i kidnapped the baby from her so the police called me and told me i had two hours before i was arrested for kidnapping to take the baby to her, i tried explaining that i had notarized guardianship from the parents in georgia but the police said her papers were all that mattered because we were in ca. not georgia. so she basically stole him from me, the court was not aware that she would be calling the police to get him from me because she wrote on the forms that he was already living with her. That hearing for perm. guardianship is in one week, i cant afford a lawyer. since then i found out she is on felony probation but the court social worker that did the investigation of her does not seem to care because she wrote the report all in favor of her having the baby. i dont know how to go about explaining my case to judge but i keep hearing that she cant be convicted of a felony, can you tell me where i can find the law that specifically states that? she was convicted of embezzlement and is still on formal felony probation. if i knew the code number to that law i could use that to get him back, my niece wants to file for guardianship which is where we want him to be but we dont know how to do this where the courts will listen without a lawyer
im basically just asking if u know the exact place i can find the law states they cant be a convicted felon
Unfortunately you would have to talk to an attorney regarding this question. We cannot advise on applicability of law.
You probably should file opposition paperwork if you are objecting to the Petition that was filed.
Unfortunately A People’s Choice cannot give advice or direction about what people need to do for legal processes when they attempt to prepare paperwork on their own. We are the perfect low-cost solution for your legal document preparation needs for these types of forms. However, if you are trying to complete your legal paperwork without hiring non-attorney, professional help, we would suggest you contact your local Court Self-Help service who possible offers that type of assistance and may be above to review what you have prepared and answer your questions.
Cps got called and spoke to my daughter and before she spoke to them requested to call me and they denied her that and said she needed to speak to them per school principal then Sw contacted me because of traumatic experiences endured I relapsed consented to drug test told Sw first test would be dirty then tested 6 more times and all were clean. Sw said to consider a safety plan and tdm was needed and at tdm because I had bench warrant they said legal guardianship was needed by my cousins my daughter be referred to counseling and I participate and complete outpatient now cousins have temporary guardianship and I am in outpatient and resolved my warrants which resulted in only fines and have evidence supporting information in court report is false and the court Sw reporter is basing her recommendations upon false information and my daughter only ten years old tells me she is depressed and hears my cousins plots and opinions about me and I just want my kids home and don’t have another hearing until March but I want to have guardianship dismissed and my kids returned this is taking place in Visalia California please help me with what to do
I would recommend you speaking to an attorney to see what your legal rights may be and how you can approach this contentious matter.
If I file for dismissal and write objection and correction letter do you think that would be the correct approach and if u have any referrals to an attorney near me that would be helpful too
We cannot advise you as to the correct approach or what process would best to serve your needs. Would recommend you talk to an attorney first.
I have had cancer and I am in remission and I want to have everything ready for if anything were to happen to me. I am a single mother and my sons dad is a drug addict and is in probation and admits he can’t be responsible for our son that things could go down hill or he could get it together therefor I would want my best friend to have guardianship of my son if I were to pass away. What is the process or what do I need to do to leave that set that my best friend would be left as my sons legal guardian and his grandparents can’t fight for him
You can certainly put your wishes in a will or other estate planning documents, however I do not believe a guardianship would be able to be legally established by another party until after your death. Your friend would have to petition the court and provide legal notice to the other parent. Please contact an attorney for legal advice.
my mother passed & my dad is in prison. I want to be legal guardian over my 3 younger siblings but only one problem my aunt already is their legal guardian. But it’s not fair because ive been living and raising the youngest since the day my mom passed and also supply the other two kids with more then she does. My husband and I want to be guardian but I have a misdeamenor and my husband has clean background. Can I still apply as a guardian? please help me
I don’t know that having a misdemeanor precludes you from acting as guardian. You did not indicate how your aunt obtained legal guardianship. You may want to seek legal advice to see what you could file to bring this issue before the court and then contact us again to prepare the paperwork.
A friend of min lives in Nevada she let her in-laws watch her children for a couple of weeks who live in orange county. During that time the In-laws decided to file an emergency temp guardianship of the 2 children and it was granted. She recieved no notification prior to the hearing and didn’t get the paperwork until the day of the hearing. What steps should she take now to get her children back?
Most likely the court issued temporary orders and a second hearing has been set for permanent orders. She should prepare a response to the petition and file it with the court. Our office offers this service should she want help preparing the paperwork. I would recommend she hire a professional like our office to make sure her side of the story is clearly presented to the court for consideration rather than trying to do that in her own.
My wife obtained Guardianship of her nephew when he was 1month old. The mother was incarcerated and the father had issues with drug abuse. Now after six years we received a subpoena to terminate my wife’s guardianship. The birth mother claims she is free from drug addiction and would like to reunite with her son. Our concern is that she has multiple children 6 before and two after and fear she will return to her addiction putting our son at risk. We know it is in his best interest to remain with us as for we are the only family he has ever known, but we fear the court will grant her request since she is the birth mother. We really have no idea what to expect or what legal procedures to follow.
You can certainly file opposition paperwork which we can help you with. The court is going to look at what is in the best interest of the child and may try to set up some sort of reunification plan.
I want my kid and they will not give him back. The grandparents are trying to get guardianship of him and i gave them the right to have him and and now I want him back
You would probably have to file legal papers to terminate the guardianship or respond to a petition for guardianship. Let us know if we can help.
Hello. I gave my 16 year old great Aunt and Uncle guardianship. My 16 year old and her great aunt got into a fight. Her aunt is also bad mouthing me to her and my daughter gets upset and argues back. My daughter has no repect for her or him. She told them that she wanted to come back with me. Her aunt told me to come and her get or pay for a plane ticket. They are telling her that she can’t go leave until Jan. Is there away she can come home, while her great aunt and uncle terminate the guardship? The aunt and uncle lied on the court paper. My 18 year is ready to write a letter telling the court that rvrything on thw court is not true. I really need help with this. Thank
You can always file a Petition to terminate a court ordered Guardianship proceeding if you feel there is justification to do so. Let us know if we can help you with the paperwork.
My son and his girlfriend had a child who is now 3 years old. My son has 1 day a week custody, but over the last 2 years she has been giving him carte-blanc on hours and days until she gets upset. He is not stable enough to have custody and she has mental issues. She is now becoming very paranoid and hears voices. She is a meth user as well. She becomes violent when my son picks up his son. I need help, as a grandparent I would take custody in a minute, but can I file an emergency custody? not sure if that’s legal or if it would be accepted in a court? Would I be better suited to call CPS, I need my grandson to be safe and well taken care of.
That is hard to say. You might want to call CPS AND file for guardianship. I would talk to CPS and see what they advise.
Hello. My name is Dana. My ex-wife had an affair back in 2006. We divorced in 2007. She, along with her husband, kidnapped my child and fled the state of Missouri. For 8 years I searched for them as they moved from state to state. I paid and continue to pay my child support. My ex-wife divorced him and remarried. She then abandoned my daughter to her ex-husband in June of 2015. I am still forced to pay child support. I contacted the district attorney and they found the man who has my daughter but there is nothing they can do because he has filed for guardianship. I have joint legal and physical custody of my daughter. I have no criminal record. I remarried in 2010 and have been married now for 6 years and have two children. The guy who has my daughter has a criminal record. What is going on??? What can I do??? I live in California, my birth state. We have lived here for 3+ years. They won’t let me know where this guy is holding my daughter. They won’t let me have any contact with my daughter. What do I do?
What a very sad story. You probably need to immediately hire an attorney. If you know where this person is, I would take action asap!
As permanent legal guardians, do you have to allow visitation with the biological father? The CPS worker recommended visitation be at our discretion – does that include ceasing visitation if we feel it is not in the best interest of the child?
Unless the court has specifically addressed this issue it usually is up to the guardian. Obviously a parent can seek legal intervention of the court if they feel necessary. This is a great handbook regarding guardianships. http://kids-alliance.org/wp-content/uploads/2012/12/GuardianshipHandbook.pdf
What do u do the o get your grandson that is place in foster care social worker keep saying grandparents have Christopher no reason rights. How do I get my grandson into my custody
You probably should seek legal advice from an attorney to find out what your options are and then contact us for the document preparation.
Is there an exception to the rule for residency requirements to file for guardianship in the State of California i.e. resident of CA for six months, in the County for three months. My client is “not” the biological father of the minor; however, he had a close relationship with the son while he resided in Arizona with the child’s mom (his ex. girlfriend). They are no longer together; however it is mom’s intention to appoint the ex. as guardian of the child because she is scheduled extended medical treatment for possibly cancer. The child have no kin whatsoever; therefore mom is willing to allow the ex. to bring the child to California; she will execute the informal Caregiver’s Authorization and then file the legal paperwork for guardianship in CA. Time is of the essence.
ALTERNATE EMAIL: ELSemail@example.com (Please reply to this email) Thank you.
I believe this issue is specifically addressed in the California Probate code. Please let us know if you need help preparing the required paperwork to file a California guardianship.
Hi, I am interested in finding out what you can do to prepare for a worst-case situation, as my husband and I are preparing our wills. We have set our guardianship preferences, but what happens to a child if both parents are incapacitated or die and the guardian is out of state? I would like to know what you can do to make it so a person who is near by, that you trust and who knows the child well, could have temporary guardianship of your child while your permanent guardian is in travel. In other words, in order to avoid there ever being a moment when the child is in temporary custody by the police or stranger. Is there a particular document you should make for this? And if so, to whom do you give it? Thanks for your advice!
We can certainly prepare temporary guardianship authorization to cover issues during temporary travel periods. We can also prepare your estate documents that would include language regarding guardianship concerns after you both pass away. You can reach us st 800-747-2780. In my opinion, it would be very unusual for the police or stranger to get involved if you have created proper estate and legal paperwork covering these issues. Unfortunately we cannot give you legal advice, but we can prepare your paperwork!
I’m taking in my 2nd cousin bc her mom, my cousin, is on drugs & parole in another state & the current guardian is an elderly amputee with a husband in even worse health. I don’t have a ton of money because I am a single parent already with no child support. I don’t get govt benefits or any help, which is fine right now, but I don’t know how I’m going to afford the guardianship process as I believe I’d have to hire an attorney in both states to get permanent guardianship. She is 15 and will be going to the local high school and they said it’s best to get her transferred as soon as possible. How can I make this go smoothy? Would becoming her power of attorney suffice?
I am not sure what you are referring to when you say “both states”. You may want to talk to the school to see what they will require. Obviously a temporary Power of Attorney form is much quicker but the school may require more. Let us know which way you decide. We can help you with the document preparation for either process.
hi, I am currently struggling to get informal custody of my nephew. I would also like to petition for guardianship, but both parents are terrified of “losing their parental rights” over the child. Both parents are addicts and neither has a steady home or environment for the child. My husband and I want to provide the environment he needs while still allowing the parents to have a role in his life. how do I work this?
Your inquiry addresses 2 options 1) informal guardianship and 2) petition for guardianship. We can certainly assist you with either proceeding. It should be noted that a formal guardianship can typically be reversed, meaning we have had situations where the biological parents have gotten back on tract with their lives and they petitioned to terminate the guardianship. Do the parents still see the child? We have had some clients incorporate a visitation agreement into the guardianship proceedings which gives the parents a more secure feeling that they are not simply being cut off from their child. Let us know how we can help.
I petioned court to appoint my sister guardianship of my daughter due to my drug problem. My sister has had my daughter for 5 years now. I decided it was in my daughters best interest to let her remain where she has established a routine, schooling, friends ect.
However my sister refuses to allow me unsupervised visits and only allows me to speak to my daughter on phone if monitored. She refuses to come see the new healthy life style I now have. I even have a room for my daughter to have to her self during visits. My sister won’t even come to my home. I have maintained sobriety, worked intensely with a therapist. Am stable on anti depressant meds. And my daughter begs me every time we see each other to come home. I want to start slowly with regular overnight, unsupervised visits and see if it is best for her to move in with me later down the road. My question is how should I prepare for court because I know my angry sister is going to try to paint a very unlovely picture of me. How do you think the judge will respond and what should I do to effectively prove myself fit. Thank you for your time.
You can always Petition the court to ask to terminate the guardianship of your daughter. When we prepare documents to terminate a guardianship, we try to make sure we provide the court with a complete picture to give them a solid understanding of how the circumstances have changed and the basis for why the guardianship is no longer in the best interest of the minor.
I received temporary custody of my niece for 1 year. It was a struggle getting her mom to sign guardianship paperwork (notarized) & provide all necessary documents for schooling. My questions is how can I get medical & financial help for my niece? The mom refuses to give me her SS#, but again I have all other documents including her birth certificate.
It sounds like you only have an “informal” guardianship arrangement with your niece. You may need to proceed with filing formal court ordered guardianship proceedings which will enable you to put her on your insurance. I would speak with the various state agencies to find out what type of benefits you might be entitled to if you have legal guardianship of her.
Hello my name is Rita and I have temporary guardianship for my two grandsons ages 14 and 10, can I recieve medical for them?
I am not sure what you mean by “can I receive medical for them.” Although we are not attorneys and cannot advise I believe you would be able to put them on your medical insurance. Check with your insurance agent. As far as receiving State medical benefits, I would contact Medi-Cal, but my initial thought would be probably since you are now legally responsible for them. I am assuming the qualification criteria, however, would probably be the same as if they were your biological children.