Murrieta Guardianship Lawyer


Family dynamics can be difficult. In some circumstances, parents are temporarily unable to care for their children. These situations may require assistance from someone else to ensure that the needs of the children are being taken care of. This is referred to as “guardianship,” when an individual who is not a biological parent is given responsibility to care for children. Working with the expert team at the Edgar & Dow can make the guardianship process easier.

What Is Guardianship?

If a parent, or parents, cannot take care of their child, a guardian may need to be appointed. Guardianship is the process of an individual being named as the primary caregiver of a child who is not their biological child. This person is expected to care for the child and manage their estate, if necessary.

Best Murrieta Guardianship Lawyer

Why Guardianship Might Be Needed

Guardianships are put in place only when a parent is unable to care for their children. There are two primary reasons that a guardianship may be granted in California.

  1. Unable or Unwilling Parents: These are situations where outside circumstances are often contributing to the parents’ inability to care for their child. This may mean a mental health crisis, psychological issues, substance abuse, and more. A parent may also just be unable to meet the needs of their children, so that care must be passed to someone else.
  2. Consenting Parents: In these cases, the parents are fully aware that they are unable to care for their children properly. They make the choice to designate another person to care for their children. These cases are often temporary and are only in place while the parents are working to get back on their feet.

Regardless of the circumstances surrounding the case, one of the most important issues is the purpose of the case. A guardianship will only be put in place if it is in the best interest of the child. If there is not clear evidence that the named individual will be a better fit than the parent, then the case will likely be denied.

What a Guardian Does

An individual who is named the guardian of a child has a great deal of responsibility. It is now up to them to ensure that all the needs of the child are met. This goes beyond simply physical needs, such as food and clothing.

A few of the more important responsibilities of a guardian are:

  • Their education. The guardian must guarantee that the child is receiving all necessary help to make them academically successful.
  • Any necessary counseling or mental health care.
  • All medical and dental care.
  • Granting permission for major situations such as driving, marriage, and joining the military.
  • Financial responsibility for any damages the children cause.

Guardians are responsible for ensuring that the children in their care receive all the love, support, and tools they need to be successful.

How to Establish Guardianship

Establishing guardianship is a long and involved process in Murrieta, California. There are a significant number of forms that must be filled out, court appearances that must be made, and processes to complete. All the smaller things fall into four primary steps to establish guardianship.

The four steps are:

  1. Fill out all necessary forms and file them with the proper department.
  2. Give notice of the request for guardianship to any necessary parties.
  3. Attend all required court appearances, and be sure to have all necessary documentation and arguments ready to present to the judge.
  4. File the court order with the Clerk of Court.

Once all these steps have been completed, the guardianship process will be complete.

Family Law FAQs

Q: How long does the guardianship process take in California?

A: The process of establishing guardianship has no set timeline. If a case is relatively simple and does not have any opposition, then it could take as little as two months to have everything completed. More complicated cases, such as those where a family member disagrees with who may be granted guardianship, may take longer. The best way to ensure that your case is handled as efficiently as possible is with the help of a guardianship attorney.

Q: How do I establish legal guardianship in California?

A: The process of establishing legal guardianship in California is lengthy and requires a great deal of paperwork. There are multiple forms that will need to be completed, reviewed by a legal professional, and filed with the courts. Once all the papers have been filed, other family members and anyone else who is involved with the children must be notified. If there is no disagreement, the case can continue. There will be a court appearance followed by the judge’s decision.

Q: How much does a guardianship attorney cost in California?

A: There is no set fee for guardianship attorneys in California. Most attorneys will charge either a flat fee or an hourly fee. Many factors will contribute to how much they charge. Education level, years of experience, specialized practice areas, and resources required for a case can all contribute to a lawyer’s fee. It is also important to keep in mind that there will likely be court fees in addition to any attorney’s fees.

Q: How does guardianship work in California?

A: In California, a guardianship case means that a child is being cared for by an individual who is not their parent. This is different from adoption. With a guardianship, the parent will still have rights. They are allowed to request and maintain regular meetings with their children. Guardianships can be terminated by the court if it is determined that a parent is able to care for the child fully. However, for the time being, the guardian is responsible for all aspects of the child’s care.

Murrieta Guardianship Attorneys

Despite their best efforts, parents are not always able to care for their children. In these circumstances, it may be necessary to ask someone else to step in temporarily to ensure that all the child’s needs are being met. Guardianship provides the framework to make that possible. Contact the Edgar & Dow today if you need guardianship assistance.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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