Standard to Appoint a Guardian
In January of 2010, the California Appellate Court considered the right of a parent to care for their children in considering an application for the appointment of a Guardianship of a person on behalf of the minor who was not a friend or relative of the minor children. (Super. Ct. No. 30-2009-00265518-PR-GE-LJC).
Certainly, the determination of which person is fit to be appointed as a guardian of a child is a critical decision that the court makes. Similarly, it is of the highest importance to any parent to raise their child. If you live in the California area and have questions about petitioning for guardianship, you should consult with an experienced Los Angeles probate attorney.
California has generally held that it is in the child's best interests to stay with their parents as opposed to being placed with strangers. However, if it can be shown and found that the parent is unfit to perform the duties imposed by the relation or has, by abandonment of the child, forfeited the natural right to custody a Guardianship may be appropriate. (Estate of Akers (1920) 184 Cal. 514, 519-522)