If you are a grandparent, close relative, or close personal friend acting
as a child's caregiver, and you're thinking about guardianship, it's vital
that you find a Los Angeles
family law attorney with substantial experience. At
Castellanos & Associates, APLC, we have
over 50 years of combined experience in
child custody cases, probate
guardianships, and
adoptions.
Not only do we offer decades of legal excellence, but in uncontested guardianship
cases, our firm can offer you a
flat rate. We believe in delivering exceptional value without sacrificing legal
competence, skill, and knowledge. Want to learn more? Set up your
free, no-obligation consultation with our firm today!
Understanding Legal Guardianship
The appointment of a legal guardian most commonly occurs when a caregiver,
a grandparent or some other close relative, is caring for a child because
the natural or biological parents cannot. Once the guardian is appointed
by the court, the parents' rights to care, supervision, and custody of
the child are suspended and given to the legal guardian. Any interested
party can file the petition. In fact, in California a child of 12 or older
can exercise their right to nominate their own guardian.
Some of the key responsibilities of a probate guardian of a child include:
Determining where the minor lives;
Ensuring that the child has food, clothing, and shelter;
Providing supervision for the child;
Enrolling the child in school; and
Ensuring the child has proper medical care.
If the child has inherited significant property, it is possible for an
adult to obtain a guardianship over the child's estate or property as
well. Unlike most other family law cases, guardianships occur in probate court.
Some of the important responsibilities of a probate guardian of the estate are:
Controlling and preserving the assets of the estate property;
Avoiding any conflicts of interest (i.e., self-dealing or using the property
for personal profit or gain and taking part in a transaction involving
an interest adverse to the minor's);
Managing the minor's property for the child's benefit until the age of 18.
Whatever the case, the court may order an investigation before it makes
its decision. If this occurs, you, the child, and any other persons deemed
essential will probably be contacted about the case. The investigator
will give the court a report and make a recommendation on what should
occur. At that stage, the case may go to trial. The court may grant the
petition, or may find that there are insufficient grounds to establish
a guardianship.
In some cases, a local child protective services agency worker informs
a grandparent or other close relative that a child is about to be placed
in foster care unless a temporary guardianship is obtained. In other cases,
there is fear that a parent who is unfit will return and remove the child
from a stable environment after that child has bonded with a grandparent
or other close relatives.
If you are in a situation where there is an emergency or an urgent need
to obtain a temporary guardianship of the person, estate, or both, the
court may appoint you as a legal guardian of the child upon a showing
of "good cause," until the court can later make a final decision
on whether or not to appoint you as the guardian.
If you need to discuss your options, or if you are concerned about the
safety and well-being of a grandchild or other child left in your care,
call one of our lawyers today to discuss your options for obtaining a
temporary guardianship.
Our Guardianship Service Fees
Our firm is committed to controlling costs so our clients are not typically
charged for reasonable, domestic, or in-state telephone calls, faxes,
or photocopies. In addition, we do not charge a fee for the initial consultation
with a guardianship lawyer from our law firm. In some cases, we can discuss
with you an alternative payment plan to help you protect your family.
Call Our Los Angeles Family Law Attorneys
If you have a minor child living with you because their natural or biological
parents are unable to provide stability and care for that child, you should
call and schedule a free initial consultation with a guardianship lawyer
from Castellanos & Associates, APLC. We can also help you understand
alternatives to legal guardianship so that you can provide a stable future
for a child, and we can discuss the
differences between legal guardianship and adoption.
