GUARDIANSHIPS - AN INTRODUCTION
A guardianship is a court case in which a person who is not the parent of a child asks for custody of the child, the power to manage the child’s property, or both. There are two types of guardianships: (1) Guardianship of the Person (handling the personal needs of the minor child), and (2) Guardianship of the Estate (handling the financial affairs of the minor child). Most cases go to the Probate Court jurisdiction, unless the child is a dependent or ward of the juvenile court.
In a majority of cases in Riverside County and the Inland Empire, it is the grandparent, uncle, aunt, or other relative acting as the Petitioner, who is seeking to take legal custody of the minor child from the parents. The reasons for these Guardianships are many, including:
- Incarceration of the Parent
- The parent not being able to protect the child's best interests due to drugs or alcohol
- The grandparent's health insurance coverage will cover a grandchild with a guardianship order
- The parent(s) voluntarily wishing to give their custodial rights to the grandparents
The Court is interested in only one thing: What is in the best interests of the child? Having an experienced lawyer representing you can help the Court recognize what is in the child's best interests, and help you succeed in your Petition for Guardianship. If you have further questions, please contact my office at (951) 276-0500 to set up a consultation.