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We can look at guardianship from a very different point of view: A parent who has fallen on hard times with an ex-spouse who is no longer in the picture. Assume that a mother wants to hand guardianship over to a grandparent or another loved one – what rights does she have to do so? What decisions will be taken…
Let’s say that two parents are in drug rehabilitation for abusing drugs and you, the grandparent, are watching over the children. If the children are only residing in your home for a few weeks or months, you may not need a guardianship. However, if you anticipate that the children will be with you for more than a few months or…
Guardians are especially important to a child’s physical care, health, education and so much more – which is why they should play a very important part in a will as well. Making decisions that will benefit your child’s future and enable somebody to care for them can leave you with less stress and a game plan for the future. In…
There are many situations when the court will appoint a guardianship. For instance, you will find certain cases where the parents are deceased and a guardian has to take over – however, in many more cases, the parents are unable to care for the child due to illness or substance abuse. In many situations, the parents may be able to…
When somebody wants to become a guardian of a minor, they must also understand the responsibilities that come with it. It requires a higher decision-making by the guardian, someone to step in place of the parent and make legal decisions that will benefit their best interests. If you are looking into becoming a guardian, there are some things you must…
When you are considering becoming a guardian to a child, there are some things that you should always consider. One question you may have already asked yourself is this: Are there any reasons why I should not consider becoming a guardian? Often times, people will choose not to go through with the process because it could set off major disputes…
Do you meet the criteria to terminate your California guardianship? If so, you must file with the court to end the guardianship of this person. There are some steps that you must take, which we will outline for you. California Guardianship Termination Process Filling Out Forms: In California, various forms may be required of you to complete the guardianship termination…
A guardianship in California automatically comes to an end when a child turns 18, is adopted or marries into another family, dies before turning 18, or the court decides to end the guardianship. Some of these terminations will end automatically, and others will require a specific court order. For the process of ending a guardianship to take place, the court…
Custody and guardianship determinations are made by the court based on the particular needs of a family. Sometimes, they will look directly at the safety of the child, such as the actions of the parents and if the children have been removed from their parent’s home. Sometimes they may look at permanency factors because the stability of the lives of…
Guardianship and custody are similar in many ways, but also different in a few. Each state allows for child custody and guardianship over minors, depending on the circumstances of the case. In many cases, rights cannot be taken from a parent, but that can change depending on what happened. If you are wondering if guardianship papers overrule custody, we will…