Understanding the Process of Guardianship in California
What is guardianship? To understand this process, you must first understand that a guardian is someone who takes care of a child’s needs like shelter, education, food, medical care, and more. Many people may get guardianship and adoption confused, but they are very different. A guardianship is a legal relationship between a child and guardian; however, an adoption permanently alters the legal relationship that a child and their biological parents have. When the courts appoint guardianship, they are then allowing someone other than the child’s parents to have custody of the child and manage the child’s property in full.
What the Guardian Will be Responsible For
The guardian is given the same responsibilities as the parent would have, which includes everything covered by full legal and physical custody. Many guardians are relatives, friends of the family, or people who are just suitable to raise the child. They will be responsible for many aspects, some of the most important being food and shelter, safety and protection, physical and emotional growth, medical and dental care, and education as well as considering special needs. They are also responsible for supervision of the child and liable for any damage the child may cause.
Guardianship usually takes place in times where one or both parents are not able to parent. Sometimes this can be due to a variety of reasons, including:
- Having serious physical or mental illness
- Being in the military
- Having to enter into a rehab program
- Going to jail
- Having a drug or alcohol abuse problem
- Having an abusive history
When the courts are determining whether or not guardianship should take place, they will look at what is in the best interest of the child, as with any case involving children. They want to ensure that the child is being raised in the best environment and that the guardian can meet the needs of the child. Call us today for more information on how we can help you if you wish to gain guardianship of a child or children. We will help you in your time of need and determine what is best in your case.