20 April 2013 0 Comments

411 On Guardianship

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To learn more about your rights as a grandparent or about what our lawyers can do to help — Contact Us at (866) 930-1949

If you are aware of a child in your extended family who is suffering from lack of care because of his or her parents’ incapacity to provide for health and welfare needs, you have the option to seek court-appointed guardianship through your local county court.

  • Is Guardianship Permanent?

Guardianship is not a permanent solution, but it is often the best option for helping parents who have lost the capacity to provide a good home for their child. Guardianship is often extended to a grandparent or extended family member on a temporary basis, often while the parent or parents suffer a period of chemical dependency, mental illness or recovery treatment.

  • Can the Guardianship Appointment Be Contested?

Throughout the petition process, the parent(s) or other family members have the right to contest the petition and can offer evidence that the appointment is not necessary or should not be granted to the petitioner. Following the appointment, it is more difficult to contest the decision. It is important to have a lawyer who understands the litigation process and what the courts will require when making their decision regarding the appointment.

  • Does a Guardian Completely Take Over for the Parents?

Whenever possible, the courts like the child’s parents to retain some responsibility for the child’s health and welfare. The guardianship appointment will specify the extent and limits of the guardian’s role.

  • Who Can Apply for Guardianship?

The courts will insist that the petitioner has a close, meaningful relationship with the child. In many cases, it is the child’s grandparent, but may also be an uncle or aunt whom the child has come to trust for support.

I represent people petitioning the court for guardianship all over Southern California. Call 866-930-1949 or contact my office by email for a free telephone consultation with an experienced guardianship attorney today.

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