Guardianships

Irvine Guardianship Lawyer

Experienced Representation in Orange, San Diego, & Los Angeles Counties

Guardianships give legal authority to an adult other than the biological parents of a child to care for the child and/or the child’s estate. An adult can only obtain a guardianship through the courts, whose role is to determine what is in the child’s best interests. Courts typically grant guardianships in cases where parents have become unable to care for their children or through probate cases in which parents have died leaving minor children behind.

If you wish to seek or contest the guardianship of a child, you can turn to a trusted law firm located in Irvine and serving clients throughout southern California. At Writer Law Group, PC, you will have the advantage of partnering with a Family Law Specialist certified by the State Bar of California. Attorney Kayleene Writer has achieved this distinguished status by meeting rigorous standards of advanced training, experience, and proven success. 

Get a free case evaluation with our Irvine guardianship attorney at Writer Law Group, PC. Contact us via email or by calling (949) 353-6151.

Guardianships in California

A nonparent can seek the guardianship of a child when that child’s parents have lost the ability to care for the child. 

Parental inability to care for a child leading to a guardianship can include:

  • Alcohol or drug abuse
  • Domestic violence in the home
  • Death 
  • Illness or injury
  • Military deployment
  • Deportation
  • Jail or prison terms
  • Extreme financial distress

Even when the person requesting guardianship of the child is a family member, such as a grandparent, adult sibling, aunt, uncle or other family member, the courts must thoroughly review whether it is in the child's best interest to remove him or her from the biological parent(s). When seeking a guardianship as a nonparent, you must prove to the court with compelling evidence that it is best for the child. 

Legal guardians take on the same role as parents; they must care for the child’s needs, such as food, shelter, and clothing, education, health care, emotional care, safety, and overall well-being. Parents who lose their child(ren) to a guardian can seek to have their child(ren) restored to them through a court petition once they can demonstrate they can resume parental responsibility. Courts can also terminate guardianships when a child reaches 18, is adopted, gets married, or enters the military. 

Probate guardianships are issued upon the parental death of minor children. These can include both physical care of the child and/or management of the child’s estate and property left behind by the deceased parent(s). 

If you need legal counsel concerning the guardianship of a child, we recommend that you speak with our experienced attorney to discuss your needs and how we can help you move forward. 

Contact Writer Law Group, PC to set up your free consultation today. 

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