Guardianship

Guardianship actions give control or supervision rights of a child under the age of 18 years old to an adult who is not the child’s biological or adoptive parent. In California, there are two types of guardianships. The first type is a guardianship over the person and the second is over the estate.

A guardianship of the person is typically granted to an adult when neither of a child’s natural parents are available to have custody of the child, for whatever reason. The individual granted guardianship is most likely to be someone that the parent or parents nominated to watch the child in the event that something happens to them. In other cases, guardianship is granted because it is necessary due to neglect, abuse, or abandonment.

Once the court decides that a guardianship situation is necessary and then selects a person to act as the child’s guardian, the court will then establish a guardianship. This relationship will last until the child is 18 years old.

Guardianship is not the same as custody. To establish custody after guardianship, the person must show that the child or children are better off with the guardian. The guardian must submit to a criminal background check and also an inspection of the home with the child present.

If a guardian is granted custody, the guardian has all of the rights and obligations towards the child as the biological parents had.

Contact a San Jose Family Lawyer

If you have been designated as a child’s guardian and are interested in pursuing full custody, contact the San Jose family lawyers of the Law Office of Daniel Jensen at 408-296-4100.