Welcome to the Guardianship Q&A page, brought to you by the Law Office of Michael DeDecker, proudly serving Sacramento, California, and surrounding areas. We understand that navigating the complexities of guardianship can be overwhelming. Here, you’ll find answers to frequently asked questions tailored to provide clarity and guidance on this important legal matter. Whether you’re seeking information on guardianship rights, responsibilities, or the legal process involved, we’re here to offer insight and support. Feel free to explore our resources and don’t hesitate to reach out for personalized assistance. Your peace of mind is our priority.

• How do I file for guardianship in California?

To file for guardianship in California, you must submit a petition for guardianship to the court in the county where the child resides. The petition must include specific information about the child, the proposed guardian, and the reasons why guardianship is necessary.

• Who can file for guardianship in California?

In California, a variety of individuals can file for guardianship, including relatives, family friends, or other concerned parties. However, preference is generally given to relatives,
especially grandparents, siblings, or aunts/uncles.

• What is the role of a guardian in California?

A guardian in California is responsible for making legal decisions on behalf of a minor
child, including decisions about their education, healthcare, and general welfare. The guardian is expected to act in the best interests of the child at all times.

• Do both parents need to consent to a guardianship in California?

Ideally, both parents should consent to the appointment of a guardian. However, if one or
both parents are unable or unwilling to consent, the court may still grant guardianship if it is determined to be in the best interests of the child.

• How long does a guardianship last in California?

A guardianship in California can last until the child reaches the age of majority (18 years
old) or until the court terminates the guardianship for other reasons, such as the child’s adoption or emancipation.

• What is the difference between guardianship and adoption in California?

Guardianship in California grants legal authority to make decisions for a child without
terminating the parental rights of the child’s biological parents. Adoption, on the other hand, permanently transfers parental rights from the biological parents to the adoptive parents.

• Can a guardianship be contested in California?

Yes, interested parties, including the child’s parents or other relatives, can contest a
guardianship petition in California. They may do so by filing a formal objection with the court and providing reasons why they believe the proposed guardianship is not in the child’s best interests.

• Is it possible to obtain financial support for the child in a guardianship situation?

Yes, a guardian in California may be eligible to receive financial support for the child
through various sources, including child support payments from one or both parents, public assistance programs, or the child’s own income or assets.

• Can a guardianship be transferred to another person in California?

Yes, if the current guardian is no longer able or willing to fulfill their duties, they can
petition the court to transfer guardianship to another suitable individual. The court will consider the best interests of the child when making a decision.

• Can a guardianship be terminated in California?

Yes, a guardianship in California can be terminated by the court if it is determined that the guardianship is no longer necessary or in the best interests of the child. The court may also terminate the guardianship if the child reaches the age of majority, is adopted, or is otherwise emancipated.