If the grandchildren’s parents are unable or unwilling to provide care and stability for the child or children. The main consideration in determining if the guardianship is appropriate is the best interests of the child. The court determines the best interests of the child by considering who is best to promote a minor’s health, safety and welfare.

Once you file your Petition for Guardianship the court will have an investigator conduct an investigation to make sure you have proper living conditions and good backgrounds that would deem your living arrangements and background acceptable to the court. The investigator then writes a report and presents it to the court.

The standard of proof for guardianship cases is “preponderance of the evidence.” If one of the parents oppose the guardianship the evidence must show that granting custody to the objecting party would be detrimental to the child. The standard of proof for finding it detrimental is clear and convincing evidence. If a parent does contest the guardianship, the matter will be set for trial so the court can hear all evidence and determine what is in the best interest of the child.

Since there are so many requirements and forms that need to be prepared it is important to seek the assistance of a knowledgeable attorney. Wallin & Klarich has more than 30 years of experience in guardianship. Our attorneys know from long experience in guardianship cases, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for guardianship, call us today at 1-888-749-7428 for a consultation.