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.

It is important to have a San Bernardino guardianship lawyer guide you through termination of a guardianship

A parent may seek a termination of a guardianship by filing a petition with the family court that originally appointed the legal 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.

Was This Article Helpful? Please Share it.

Contact Us

View More Testimonial

Counties

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar

Ventura

Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai