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Guardianships

Guardianships

Guardianship Lawyer In Irvine, CA

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Parental inability to care for a child leading to a guardianship can include:

Probate guardianships are issued upon the parental death of minor children. These can include both physical care of the child and/or management of the child’s estate and property left behind by the deceased parent(s).

Understanding Guardianship Laws in California

A nonparent can seek the guardianship of a child when that child’s parents have lost the ability to care for the child.

Even when the person requesting guardianship of the child is a family member, such as a grandparent, adult sibling, aunt, uncle or other family member, the courts must thoroughly review whether it is in the child’s best interest to remove him or her from the biological parent(s). When seeking a guardianship as a nonparent, you must prove to the court with compelling evidence that it is best for the child.

Legal guardians take on the same role as parents; they must care for the child’s needs, such as food, shelter, and clothing, education, health care, emotional care, safety, and overall well-being. Parents who lose their child(ren) to a guardian can seek to have their child(ren) restored to them through a court petition once they can demonstrate they can resume parental responsibility. Courts can also terminate guardianships when a child reaches 18, is adopted, gets married, or enters the military.

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