Who Can Be Designated Guardian (California Probate Code 1510)
Under California Probate Code 1510, a court may designate a relative or any other person to be the legal guardian of a child. Under California Probate Code 1610, the court considers the best interest of the child when deciding who to designate as the guardian.
Nomination of Guardian by Parent or Parents
California Probate Code 1500 states that a parent or parents may suggest a guardian to the court. However, the final decision is left to the court. Courts do not require parental nomination, but will give the parent’s nomination due consideration.
Nomination of Guardian by Child
In California, when a child is twelve years old or older, he or she may petition the court for appointment of a particular guardian. The child’s nomination is not the determining factor, but the judge will have to take into consideration the child’s preference for a legal guardian. The court would then investigate the nominee’s competence and suitability to be a legal guardian. This means the court will examine whether the nominee has a stable place to live, sufficient income to care for the child, and other circumstances which indicate that the nominee is “fit” to care for the child.
A testamentary guardianship exists when a guardian is nominated by a parent through a will and testament. But courts are not required to appoint the guardian named in the parent’s will if the guardian is not in the best interest of the child.
Los Angeles Guardianship Attorney
When a child is in need of a guardian, it is important to have an experienced Los Angeles guardianship attorney to guide you through the difficult legal process. The skilled family law attorneys at Wallin & Klarich have been practicing family law 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 us today at (888) 749-7428. We will get through this together.