Legal Guardianship is a court order that establishes someone other than the parents as responsible for taking care of a child. This may occur if the parents die or are deemed incompetent, unable, or unfit to be in charge of their children. A legal guardian has the same rights and responsibilities as a parent. A legal guardian may be a grandparent, foster parent, aunt or uncle, sibling, friend of the family, or someone else who knows the child.
Guardianship differs from adoption. In a guardianship, the court gives the guardian legal custody of the child. He does not adopt the child. The guardianship may last until the child turns eighteen or the court may terminate the guardianship and return the child to the parents or instate a new guardian.
How Do I File for Guardianship in California?
Legal guardians are responsible for the child's health and dental care, his education, social services, where the child lives, and for his financial support. The legal guardian may support the child on his own or get financial support from other sources. If the child's parents are still alive, they must continue to support their children financially. Also, children who have legal guardians may receive inheritances and social security benefits from their parents.
Establishing a guardianship for a minor child is an important process. It also may be a complex one, depending on the circumstances. The services of a legal professional are often required. If you or someone you know needs professional assistance in obtaining a temporary or permanent guardianship of a minor, our Los Angeles trust attorney may be able to help you. At the Law Offices of David A. Shapiro, P.C., our Los Angeles guardianship lawyer has the know-how and skill you need to smoothly accomplish a legal guardianship.
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