Guardianship Lawyers in Santa Ana Guiding You Through This Complex Legal Process

When a child no longer has parents who can care for them due to death, illness, or addiction, the state of California may appoint a guardian to look after them. In severe cases, like abuse or neglect, a child will be immediately removed from the home and placed with adults who can look after them. Even in less serious instances, like military deployments, a guardian may still be assigned to ensure the health and well-being of the child.

Becoming a guardian is a noble effort, but it is a complex legal process that requires experienced legal knowledge. If you would like to inquire about guardianship for a child you know, contact Sarieh Law Offices, ALC today. Our team will review your case and advise you about your legal options, so you know exactly how to proceed. For a free consultation, call 714-694-7723.

What Are the Different Types of Guardianship?

Every state has its own definition of what guardianship entails. In California, guardianship can mean a few different things. The court may appoint permanent guardianship, temporary guardianship, or guardianship with special rules and regulations.
Guardianship can include:

• Guardianship of the person: caring for a child or adult’s needs.
• Guardianship of the estate: looking after a person’s property or finances.
• Limited guardianship: a set of powers determined by the court.
• Plenary guardianships: all powers available under the law.
• Successor guardian: following the guidelines of a previous guardian.
• Temporary guardianship: permissions granted for 60 days or less.

If you are appointed guardianship, the court will detail your responsibilities. Understanding your duties and responsibilities is essential to avoid being held in contempt of court. If you are still determining what your duties are or you need clarification about the type of guardianship you’ve obtained, reach out to a lawyer on our team today.

How Do You Obtain Guardianship in California?

Due to the welfare of a child being in question, becoming a guardian is a long and complex process. To start, complete all the necessary paperwork and submit it to the family court in your city. Filling out this paperwork incorrectly could delay the process, which is why it’s highly recommended that a lawyer review your paperwork before submission.

Once your paperwork is submitted, a judge will evaluate your suitability to become a guardian. They may examine factors like your ability to care for a child financially, your current state of affairs, your competency and experience caring for children, your ability to care for a child physically, and other factors. The judge will establish rules and regulations surrounding the guardianship that may include oversight by social workers or check-ins with the court. If the judge rules that you are fit to be a guardian, they will make a ruling based on your specific circumstances detailing your responsibilities to the child.

The guardianship process is full of complicated legal jargon and complex paperwork. If you are becoming a guardian, reach out to our team today, and we will walk you through the process. We can help you prepare your paperwork and answer any questions the judge may have for you. We can also assist you in sending notices to relatives of the child to inform them of the guardianship process.

Does Guardianship Impact Parental Rights?

Although guardianship gives an individual legal authority over a child, it does not impact parental rights automatically. In most cases, the court will aim to maintain a parent’s legal parental rights before all else. If a legal guardian has custody of a child for over two years, they can file a petition with the court to terminate parental rights.

If a parent loses their parental rights, they still have the right to visit their children. The child’s guardian will determine how long these visits are and how often they take place. If a guardian is no longer needed, the parents may be able to obtain their legal parental rights again via the court.

What’s the Difference Between Guardianship and Adoption?

Although adoption and guardianship are similar, they come with different legal responsibilities. In an adoption, the biological parents no longer have rights over their child. The person or people adopting the child have full parental rights and do not have to factor in the wants or wishes of the biological parents. Adoptive parents can still allow visitation from biological parents, although they are not required to, and visitation is often limited.

In guardianship, biological parents still have parental rights over their children. Guardianship is used as a temporary solution to protect the well-being of the child when the parents cannot do so, and the parents are expected to eventually regain custody of the child. If the parents do not regain custody or circumstances change, the child can be adopted unless they are legally an adult at that point.

Because guardianship is a temporary measure, guardians are under more supervision than adoptive parents are. Guardians are typically monitored by the court and are often required to check in with the judge regularly.

How Can a Guardianship Lawyer Help Me?

Becoming a child’s guardian is an excellent way to protect their well-being and ensure their health and safety. Going through the guardianship process on your own can be frustrating due to the complicated nature of the process itself. If you would like to apply for guardianship, hiring a family law attorney is the best way to expedite the process and ensure it goes smoothly.
Our team at Sarieh Law Offices, ALC is here to help you apply for guardianship no matter your circumstances. We will help you fill out paperwork, file documents, and prepare for a judge’s questions in court. Call 714-694-7723 today to learn more about our services.