Guardianship in California
SUMMARY
This blog is aimed at people who are faced with the all-too-common problem of when a minor child may need to be formally in the custody or a person who is not that child’s parent.
DETAILS
What is a guardianship
Guardianship is a court process in which someone other than a parent of a minor child is given custody of a child or when a parent or other person is given authority over a child's property. In California, guardianship is a court-supervised process, and a person is nominated as guardian for court approval2. The court orders that the guardian has the right to make legal decisions in a child's life and has responsibility for the child's care345. Legal guardians have a lot of the same rights and responsibilities as parents, such as deciding where the child lives and goes to school and making decisions about the child’s health care45.
Steps to a Guardianship
According to the California Court’s website page,
ONE. COMPLETE PAPERS AND FILE.
Complete and make at least three (3) copies of each required form. Below is a list of forms, though all may not be required.
TWO. NOTIFY.
When you ask to be appointed guardian, you must notify:
You may also have to notify your county's human services or social services department. And, if you're not related to the child, you'll have to notify the .
For your case, it would be all the people you listed on your filed Guardianship Petition--Child Information Attachment ()) in Item 1, letters f, g, or i, and everyone listed in Item 2.
You need to have someone 18 years old or older, not you, hand-deliver or mail a copy of the Petition, Notice, and Comparison of Guardians With Other Nonparent Caregivers (form ) to them. The person who does this for you is your server.
Hand Deliver Papers or Mail?
For some people, the server must hand them the papers in person. This is called personal service. For others, the server can send the papers in the mail. Once your server has delivered the papers, they must fill out and sign a Proof of Service. File the Proof of Service with the court at least 5 days before the hearing.
Who must be served in person
Who can be served by mail
THREE. INVESTIGATION.
Home Study
An investigator will set up a formal home study. The investigator will:
Report for the Judge
The court investigator's report summarizes all the information for the judge. It will say if the investigator thinks there was a need for a guardianship or if the child should stay with their parents.
The report will have:
The court is usually required to charge parents and proposed guardians for the costs of guardianship investigations. If you would have trouble paying those costs, you can ask the court for a fee waiver. Even if you cannot get a fee waiver, the court or the county can waive repayment of all or part of these costs if payment would impose a hardship on the child.
The judge may decide, based on the investigator’s recommendation, another person’s request, or no request at all, to appoint a lawyer to represent the child. The child’s parents are required to pay as much of the cost of that lawyer as they can afford. Before it orders the parents to pay, though, the court has to have a hearing and figure out how much they can pay. The parents are entitled to go to the hearing and show the court the limits of their ability to pay. If the court finds that the parents cannot afford to pay all or part of the cost, the county is required to pay whatever the parents cannot pay.
FOUR. HEARING.
File forms before the hearing
If you haven't already, file:
If the parents are cooperating with you, have them each complete a Parental Notification of Indian Status () if they haven't already. This form tells the court if the parent is a member or eligible to be a member of a specially recognized by the federal government.
Ask the Court for Services, if required
How to ask for an interpreter
If you don't speak or understand English very well, you can for your court date. To ask for an interpreter, fill out and turn in a Request for Interpreter (Civil) () or a form the court gives you. In some courts, you can make your request online. or ask a clerk when you file your forms to find out how to ask for an interpreter.
How to ask for an accommodation for a disability
If you have a disability or limitation that prevents you from fully participating in court, you can if you need one. To ask for an accommodation, you can fill out a Disability Accommodation Request ) and turn it in to your court's ADA Coordinator. You can also call the court or go in person to ask the ADA Coordinator.
To find the court's ADA Coordinator, check for a page titled "ADA" or ask the clerk.
Prepare Forms to bring to hearing
If you didn't give these forms to the clerk already, also take:
Order Appointing Guardian or Extending Guardianship of the Person (). You fill out only the caption—the top box—on this form. If the judge agrees to appoint you as the child's guardian, they will sign the order.
Letters of Guardianship (). Fill out the caption—the top box—on this form. The clerk will sign and stamp it if the judge appoints you as guardian.
Write out your key points
The judge may have questions for you at the hearing, like why you want to be a guardian, and why you think it is best for the child to be in your custody. Be prepared with notes and any paperwork you want to talk about.
