Guardianship Services:
Every Child's Right to Safety and Care

Guardianship is a court proceeding in which a probate judge gives someone who is not the parent custody of a child, the power to manage the child’s property, or both. The process of receiving an appointment for guardianship can be long and arduous, and there is ample room for mistakes. A guardianship attorney can help.

To have the court appoint you as a guardian, you must fill out and file forms with your local probate clerk. This guardianship petition starts the guardianship proceedings. Afterwards, a court investigator will interview you and the child. Potential guardians must prepare for extensive paperwork. If the child’s parents are alive and available, the investigator may interview them as well. The investigator will make a recommendation to the judge. If there are no objections to your appointment, and a review of the case finds that your appointment is in the child’s best interests, you will likely receive an appointment as its guardian, whether as a temporary guardian or a plenary guardian.

You can seek guardianship on your own, however, it takes time and energy to fill out your court forms correctly. It also takes time and energy to “give appropriate notice” to all relatives. Most people make mistakes. Our firm handles these complex filings, including cases that cross over into a limited conservatorship for adults with developmental disabilities.

Sometimes a guardianship attorney can help present your case to the court, especially if one or both parents object to the guardianship. We handle all guardianship matters from the simple uncontested to complex highly contested international matters. If you’d like more information, fill out the free case review.

While both involve caring for a child, guardianship is often temporary and does not terminate parental rights, whereas adoption is permanent. In a probate guardianship, the parents may still have visitation rights and could potentially petition the court to end the guardianship if their circumstances improve. Because the legal relationship is not permanent, the court provides ongoing supervision to ensure the child’s safety. Navigating these nuances requires a specialized guardianship attorney who can explain how these roles affect your long-term legal standing and the child’s future. Our firm helps relatives understand which path provides the most stable environment for the minor.

You should hire a guardianship litigation attorney if a parent or another relative files a formal objection to your petition. Contested cases are essentially trials where the “best interest of the child” standard is scrutinized through witness testimony, medical records, and social worker reports. If there is a dispute regarding your suitability or the parents’ fitness, the legal process becomes highly technical and adversarial. A litigation specialist from our firm will collect the necessary evidence to prove that the child requires your protection. We handle the high-conflict courtroom environment so you can focus on providing a stable, loving home during the dispute.

While you can technically file on your own, a lawyer for guardianship is strongly recommended when a minor inherits significant assets or life insurance proceeds. Managing a “Guardianship of the Estate” involves strict fiduciary duties, including filing blocked account receipts and annual financial accountings with the probate court. Mistakes in financial reporting can lead to personal liability or removal by the judge. Our firm ensures that the minor’s property is managed in full compliance with the California Probate Code. We help you navigate the complex bond requirements and investment restrictions that govern how a minor’s money must be protected until adulthood.

A court investigator is a neutral professional who interviews the proposed guardian, the child, and sometimes the parents to determine if the guardianship is “necessary or convenient.” They will perform a background check on all adults in your home and inspect the living conditions to ensure they are safe and wholesome. The investigator then submits a detailed recommendation to the probate judge. Because this report carries significant weight, consulting with guardianship attorneys before the interview can help you prepare the necessary documentation. Our firm guides you through this investigative phase to ensure your home life is presented accurately and positively.

In California, if a child is twelve years of age or older, the court will give “due weight” to their preference regarding who should be their guardian. While the judge is not strictly bound by the child’s choice, the minor’s feelings are a critical component of the “best interest” analysis. If the child is mature enough, they can even petition the court themselves with the help of a guardianship attorney. Our firm represents both potential guardians and minors in these situations, ensuring that the child’s voice is heard in court while maintaining the overall focus on their long-term safety and well-being.

A temporary guardianship typically lasts until the date of the general hearing, which is usually scheduled six to eight weeks after the initial filing. These emergency orders are granted when a child needs immediate medical care, school enrollment, or protection from an unstable environment. Because temporary orders are meant to be short-term fixes, they have strict expiration dates. If the case becomes contested, a guardianship litigation attorney may need to argue for an extension of these temporary powers. Our firm acts quickly to secure these urgent orders, providing the immediate legal authority you need to protect a child in a crisis.

If a parent objects, the case moves into a contested phase where the burden of proof often shifts. The court must balance the parent’s constitutional rights with the child’s safety. To succeed against a parent’s objection, a guardianship litigation attorney must present clear and convincing evidence that parental custody would be detrimental to the child. This often involves documenting issues like substance abuse, abandonment, or neglect. Our firm is highly experienced in these sensitive disputes, providing the aggressive representation necessary to protect the child’s best interests when a parent is unable or unwilling to provide a safe and stable home.

Yes, being a guardian involves annual responsibilities to the court. You must submit a “Guardianship Status Report” every year, detailing the child’s health, education, and living situation. If you were appointed guardian of the estate, you must also file regular financial accountings. The court maintains jurisdiction until the child turns eighteen, joins the military, or is adopted. Failure to meet these reporting requirements can result in a court order to show cause or even removal. Our guardianship attorneys provide ongoing support to help you stay in compliance with these rules, ensuring your legal authority remains intact throughout the child’s minority.

Generally, the person filing the petition is responsible for their own legal fees, but in cases involving a “Guardianship of the Estate,” the court may authorize the fees to be paid out of the minor’s assets. If you are a low-income relative, you may also qualify for a court fee waiver for the filing costs. When hiring a lawyer for guardianship, it is important to discuss these costs upfront. At our firm, we provide transparent fee structures and help you understand potential avenues for reimbursement or waivers, ensuring that the cost of legal protection does not become an insurmountable barrier to a child’s safety.

Yes, a guardianship can be terminated if a parent proves to the court that they are now fit to provide a safe home and that ending the guardianship is in the child’s best interest. This requires filing a “Petition for Termination” and often involves a new investigation. This can be an emotional and legally complex transition for the child and the guardian. Whether you are a parent seeking to reunite or a guardian wanting to prevent a premature return to an unsafe environment, a guardianship litigation attorney is essential. Our firm handles these termination proceedings with the utmost care for the child’s stability.