A guardianship exists when someone other than a child's parent takes custody of them, manages their property or both. A guardianship can be essential in a few cases, but they are more likely when both parents are unable to care for their child, a parent has passed away or a parent is imprisoned. If Child Protective Services is involved in a case, a third party may be assigned as a guardian to keep the child or children out of a dangerous situation.
Guardianships generally last only until a child is 21, but they may be extended up to age 21. To extend a guardianship, the court will need to be petitioned, and you will need to provide more information about the reasoning behind the extension request.
What is a probate guardianship?
Probate guardianships take place when a child moves in and lives with someone who is not their parent. This could be a grandparent, aunt, uncle or other party. With guardianships, parents still have parental rights and may still have reasonable contact with their children.
Guardianships may also be ended by the court when parents are in a position to care for their children again. Guardians could also be supervised by the court.
Today, California has two kinds of probate guardianships. The first is a guardianship of the person, which gives you physical and legal custody of a minor. The second is a guardianship over the minor's estate, which may or may not be necessary in your case. If you are interested in becoming a guardian for your grandchild, a niece or nephew or another minor in your life, it may be worth discussing the options you have with your attorney.