Who is Permitted to Object to a Guardianship by Law?

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 within their family. However, another reason may be because the child’s biological parents or another party could object and make the process extremely difficult for you. Every state has different laws, but this is something that can happen very easily in California – and typically, the parent’s rights will be forefront in the case.

Objections Before and After Guardians are Appointed

If somebody disagrees with a guardianship anywhere in the process, they are permitted to let the judge know their concerns through an objection. Of course, there are different requirements that must be met depending on when someone decides to object: before or after a guardian is appointed.

Before: Someone who is filing for guardianship must make other parties aware. Other parties may obtain a paper called “Citation to Appear and Show Cause.” At the court hearing, the judge will decide whether or not to appoint a guardian – and during this hearing, anyone is permitted to raise their concern and object. Other people are also permitted to petition the court to become a guardian, which could lead to a trial in front of a judge. 

After: Once a guardian is already in place, it is difficult to object. However, anyone is welcome to file a motion to set aside the order if they believe that the order is wrong or unjust. If the guardian has failed to neglected to fulfill their duties, then the guardian may be removed through the court after careful consideration. Depending on your situation and circumstances, you must speak to an attorney today about your options.