What Are The Differences Between A Guardianship And An Adoption? (Family Code section 3041 and 8500)
What Are The Differences Between A Guardianship And An Adoption? (Family Code section 3041 and 8500)
The guardianship process in California is extremely complex and will be very difficult to handle without the guidance of a highly skilled guardianship attorney. Whether the court has appointed a guardian for your child or you are seeking a guardianship over a child, a skilled guardianship attorney at Wallin & Klarich will ensure that your guardianship matter is handled with the care necessary to obtain the best possible outcome in…
Read MoreHow can Wallin and Klarich help me with my Guardianship in San Bernardino?
It is important to understand what type of guardianship you are seeking since there are three different types that have different requirements and standards: (1) Guardianship of the person; (2) Guardianship of the estate; or (3) Guardianship of the person and estate. Guardianship of the Person (only) A guardianship of the person is the most common type of guardianship requested. It occurs when a court orders someone other than the…
Read MoreWhat is guardianship in San Bernardino and who can be a guardian?
What is Guardianship? A guardian will have both physical and legal custody of the child. The guardian will be responsible for making decisions about the child’s well being and physical care of the child. A guardian is typically not a birth parent of the child, but is an adult that is willing and able to assume these responsibilities. The parent, child or court may nominate a guardian. San Bernardino Guardianship…
Read MoreWhen will an Orange County court appoint a guardian? (Family Code 3041)
A guardianship is a legal relationship between a person under the age of 18 and an individual that has been appointed by the court to be their legal guardian. A guardian will have the same rights and responsibilities as a birth parent. This includes being responsible for the physical care as well as the upbringing of the child. A guardian will make decisions about the child’s health, education, and welfare.…
Read MoreGuardianships – San Bernardino
A guardianship in San Bernardino is a legal relationship where an individual assumes the legal and physical responsibilities of a minor child. A guardian will have both physical and legal custody over the child and will be responsible for the child’s education, safety, and well-being. A guardian is typically not a birth parent of the child, but an adult that is willing to assume these responsibilities. A court in San…
Read MoreHow can I become a successor Guardian of a minor if a Guardianship of the Person has already been granted with a different person?
After a Guardianship of the Person has been established, the legal guardian(s), the minor if age 12 or older, a relative of the minor, or any other interested person may file a petition with the court seeking to be appointed as a successor guardian. Often times, the current guardian files a petition to resign as guardian, and may do so at any time. However, the Court will only allow the…
Read MoreWhat are the different ways a guardianship of a minor can terminate?
A guardianship of a minor will terminate by the death of the minor or change in status of the minor. Under Probate Code § 1600 (b) the guardianship automatically terminates when the minor turns 18 years of age or upon the minor’s death. A guardianship will also terminate as a matter of law when the minor is adopted, marries or is emancipated. [Probate C. § 1600(b)] A guardianship of the…
Read MoreDoes a Guardianship of the Person terminate automatically when the minor turns 18?
In California, a probate guardianship is a proceeding in which a person is nominated and then appointed a guardian of a minor child. Generally, a guardianship of the person is established by relatives or another willing adult to provide for the health, safety and welfare of a child whose parents are unable or unwilling to provide for their child. A person may be appointed the guardian of a minor child…
Read MoreGuardianship of a Minor: Rights and Responsibilities as a Guardian
As the guardian of a minor, you are an officer of the court and will have particular duties and responsibilities. An experienced family law lawyer at Wallin & Klarich can provide you with the proper advice and can help you understand what your rights and responsibilities are. After the probate court appoints you as the guardian of a minor child, you will automatically assume very important duties and obligations. The…
Read MoreWhat Is The Difference Between A Guardianship And An Adoption?
In California, guardianship over a minor occurs when the court orders someone other than the child’s parents to have custody of the minor. A guardianship of the person is typically set up because a child is living with an adult who is not the child’s parent, and the adult needs a court order to make decisions on behalf of the child. Often times people mistake a guardianship with an adoption.…
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