Guardianship

Riverside Guardianship Attorneys

Guardianship is granted by the court; a judge gives someone who is not a parent either the custody of a child or the power to manage the child’s estate or both. Guardians can be relatives, friends of the family or any other adult. Parents have the right to name a guardian for their child. This is usually included in a will or other legal document. While the court tries, in every respect, to follow the wishes of the parent, the welfare of the child and the child’s preference will also be considered when determining a guardian.

Guardianship is different from adoption in several ways. In a guardianship:

• Parent’s retain parental rights (in adoptions, they are severed).
• The court can end the guardianship when the parents become able to care for their child (adoptions are permanent).
• Guardians can be supervised by the court (adoptions are not).

Guardians have the same responsibilities as parents; they have full legal and physical custody of the child and are responsible for the child’s:

• Food, clothing shelter
• Safety and protection
• Physical and emotional well being and growth
• Medical and dental care
• Education
• Special needs
• Child’s behavior
• Any damage caused by the child

The most common causes for guardianship are when the parents aren’t able to care for the child because either one or both parents:

• have a serious physical illness
• are in the military and have to go overseas
• are required to join a rehabilitation program
• are required to serve jail time
• have a history of abuse
• have a drug or alcohol abuse problem
• any other reason that prohibits the parent from taking proper care of the child.

Guardianships can be long-term or short-term. They can take place in the event of a parent’s illness or death. Regardless of the circumstance, the process can be complicated and difficult for all involved. For questions or for your free consultation, please call California guardianship lawyer Eliana Phelps. She will assist you will all paperwork and court proceedings and also help you to determine what is best in a special circumstance.