What is a Probate Guardianship?
Probate Guardianship is a legal process which someone other than a parent is granted custody of a child by the court of law.
Probate Guardianship can also be when a parent or other person is given authority over a child’s property.
However the child must be under the age of 18, also known as a minor for this to be legal.
Furthermore if there is an estate involved with the minor, a guardianship of the estate must be appointed by the court in a Probate Guardianship hearing.
In addition, the guardianship of the estate will be granted the power to make financial decisions for the minor.
Subsequently the parents or non-parents of the minor may be granted guardians of the minor and/or estate of the minor.
This can be completed in Probate Guardianship Court.
Guardianship and Where Should I File?
To gain guardianship of a minor, a petition must be filed in one of two places:
- County where the minor resides
- County which is in the best interest of the minor
First, a petition for modification will need to be signed if there are prior family law custody orders involving the minor.
Secondly, a petition will be required if there are prior guardianship orders involving the minor.
Thirdly, Probate Guardianship orders will need to be filed in the county where the order was issued.
Finally, if there is a failure to file a petition this may possibly result in dismissal of your case.
Above all, in order to file a Probate Guardianship petition in the state of California:
- The minor must reside in California for at least six months
So After I File for Guardianship, What Exactly Happens?
Your hearing will be set!
A Petition for Appointment of Guardianship will be filed by the clerk in Probate Guardianship Court.
Subsequently, your hearing will be set 45 days after the date your petition was filed.
Additionally, you will be given a hearing date and it will be your responsibility to serve the Notice of Hearing.
This includes serving all of your first and second degree relatives.
In conclusion a Court Investigator will need to complete a background investigation to the:
- Adult living in the home with the minor
- Person listed as a potential caregiver for the minor
What Can I Do For You?
Probate Guardianship Court is a very serious and sensitive issue.
So much so I have dedicated my life and firm to this practice.
In conclusion, if you are about to experience a Probate Guardianship Court case for a minor.