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.
When deciding whom to appoint as guardian, a court in San Bernardino will focus on what is in the best interest of the child (Probate Code 1610). Under Probate Code 1510, the court may designate a relative or any other person to be the guardian of a minor child. The court will take into consideration a child’s petition or parent’s suggestion, but the court will always make the final decision.
Nomination by Parents
The parents may recommend a guardian under Probate Code 1500. The court does not have to appoint that person but will take it into consideration. Parents are not required to make a nomination.
Nomination by Child
If the child is twelve years old or older, he or she is allowed to petition the court for consideration of a particular guardian. The court must take this into consideration and will investigate the nominee to make sure that they are suitable. A child’s petition is not determinative, but can be persuasive.
You need an attorney that is familiar and experienced with San Bernardino guardianship law if you want to be successful in the outcome of your case. The attorneys at Wallin & Klarich are competent, receptive, and responsive.
If you want to appoint a guardian in San Bernardino or need more information about your legal options, call Wallin & Klarich at (888) 749-7428 to speak with an experienced guardianship attorney today. We will be there when you call.