Orange County Divorce Mediation

WHAT IS A GUARDIANSHIP?

A guardian is a person appointed by the court to care for the person and/or property of a minor who is legally referred to as a ward. A guardian has the right and obligation to make most of the decisions affecting the care, custody and control of the ward. Guardianship is often established when the minor's parents are unwilling or unable to care for the child. Guardianship does not terminate parental rights and responsibilities. Parents may, with the guardian's permission or by court order, have visitation rights.

WHO CAN FILE FOR GUARDIANSHIP?

A petition for guardianship may be filed by the proposed guardian, the proposed ward (if 12 years of age or older), or any relative or person on behalf of the minor.

WHAT HAPPENS AFTER I FILE THE PETITION?

After the petition is filed an investigation will be conducted and a report will be submitted to the court. If the proposed guardian is a relative, a probate court investigator will be appointed to conduct the investigation. If the proposed guardian is not a relative the Department of Social Services will conduct the investigation.

WHEN DOES THE GUARDIANSHIP TERMINATE?

The guardianship terminates upon the death of the minor or when the minor turns 18 years old. Guardianships also terminate upon the adoption, marriage or emancipation of the minor. The court also has the authority to terminate a guardianship.

Contact me for a free consultation so we can discuss your case more throroughly.

Sondra BenNaEim, Attorney/Mediator,  (714) 619-9344