Termination of a Guardianship (California Probate Code Section 1600-1602)
There are several ways to terminate a guardianship. Either the guardianship would terminate automatically or the guardianship would terminate through a court order.
Automatic Termination of a Guardianship
There are three events that trigger the automatic termination of a legal guardianship:
• The child reaches the age of majority, which is 18 years-old in California
• The child is adopted, marries, enters the military, or is emancipated by court order. A emancipation is a court order that declares the child to be an adult; AND
• The child dies before reaching the age of 18 years-old
Court Order Termination of a Guardianship
A parent or any other interested party may seek a termination of a guardianship by filing a petition with the family court that originally appointed the legal guardian. The people who are allowed to file for a petition include the child, if he or she is 12 years or older, the parents of the child or the guardian.
You may request to terminate the guardianship and a court hearing would be scheduled. Notice of the hearing must be given to all relatives who were notified to the appointment of you as the legal guardian. If the court agrees to terminate the guardianship, the judge will appoint a new guardian.
Factors a Court Considers in Termination of a Guardianship
When a parent or interested party seeks a termination of a guardianship, the court considers the following factors:
• Best interest of the child: The requesting party must show the court that ending the guardianship is in the best interest of the child.
• Parent requests termination: If a parent wishes to terminate the guardianship so the child would live with him or her again, the parent must show the court that he or she has a stable place to live, has a source of income, is fit to care for the child, has been sufficiently rehabilitated and can provide a good home for the child.
• Child requests termination: If the child is 12 years-old or older, the child may tell the court what he or she wants and where he or she wishes to live.
San Bernardino Guardianship Lawyer
It is important to have an experienced guardianship attorney to help and guide you. The skilled San Bernardino guardianship lawyers at Wallin & Klarich have successfully handled guardianships cases for over 30 years. With offices located in Los Angeles, Orange, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks, Torrance and Ventura , there is a Wallin & Klarich attorney available wherever you happen to live. Please call (888) 749-7428 to consult with a Wallin & Klarich attorney today. We will get through this together.