When will an Orange County court appoint a guardian? (Family Code 3041)

A guardianship is a legal relationship between a person under the age of 18 and an individual that has been appointed by the court to be their legal guardian. A guardian will have the same rights and responsibilities as a birth parent.

This includes being responsible for the physical care as well as the upbringing of the child. A guardian will make decisions about the child’s health, education, and welfare.

A court in Orange County can appoint a guardian under Cal. Fam. Code § 3041 when a minor child’s parents have become unable to care for their child. The court will have to find that granting custody to the parent is harmful to the child and that it is in the best interest of the child to be in the custody of a non-custodial parent.

Some of the most common reasons for appointing a guardian include:

  • Both parents are deceased


  • The parents are mentally incapacitated


  • A court ruling has deemed the parents unfit because of abuse or neglect of the child.


  • The parents are incarcerated


  • The parents are serving in the military and are unable to be with their child


  • The parents cannot take care of their child for some other reason


A guardian should be someone who your child trusts. You need a competent guardianship attorney to make sure that your child or loved one’s interest is protected.

If you are seeking a guardianship because you care about a child or loved one, you need an attorney that is committed and understanding. At Wallin & Klarich, the lawyers are dedicated to their clients. We want to help you through this complex legal process. Call us today at (888) 749-7428. We will be there when you call.

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    Paul Wallin is the senior managing partner at Wallin & Klarich. With over thirty years of experience handling many types of criminal defense cases, Paul Wallin has a tremendous amount of knowledge when advocating for his client´s rights. Paul Wallin prides himself in going the extra mile to put his clients at ease especially when they are facing allegations of criminal misconduct and are stressing over it. Many have trusted Paul Wallin and his team at Wallin & Klarich to assist them in their darkest hour.

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