Guardianships exist to provide someone legal power to keep an eye on a minor’s well-being. Because these matters may be complicated and worrisome, you should always seek the advice of an experienced lawyer if you have been nominated as a guardian or if you need to seek guardianship.

Our Santa Rosa guardianship attorney at Rhodes Law can assist you in navigating the legal steps involved in obtaining guardianships. We may also spell out your obligations as a guardian in detail and assist you in developing an effective course of action.

What Is A Guardian In California?

A guardianship is established when the court appoints an individual (an adult) who is not the child’s parent to care for the child’s person and/or property. If you are named as a child’s legal guardian, you will have the power and responsibility to make choices about the child’s care, education, medical treatment, and supervision. The parent’s rights to the child’s care, control, and custody are temporarily stopped when guardianship is formed. Parents may, however, have a right to reasonable visitation with their children and may be obligated to pay child support to the guardian.

If a parent or parents are unable to get unable to perform their parental rights, or if the parents willingly accept guardianship, the court will appoint you as the child’s guardian. The court will award guardianship if it can be demonstrated that appointing a guardian is in the best interests of the child via clear evidence.

A guardianship will not be allowed, and should not be requested, merely because a third party disapproves of the biological parent’s parenting style. The court will only intervene with a parent’s basic right to raise their children in restricted circumstances.

Guardians’ Rights And Responsibilities

Although legal guardians are usually close relatives of the children, such as grandparents, brothers and sisters, aunts/uncles, and cousins, they do not need to be related. Legal guardians have many of the same rights and obligations as parents, however, the Court will check you to some extent if you’re a guardian.

You will be accountable for the child’s care as a legal guardian, which includes:

  • Food, clothes, and shelter for the child
  • Medical treatment for the child
  • The education/schooling of the child
  • Appropriate child monitoring

In the absence of any public financial assistance or child support, you will be responsible for the child’s financial support. You might also be held liable for any harm or damage the child causes.

What Is The Difference Between Guardianship And Adoption?

The distinction between guardianships and adoptions is that adoption ends the parent-child connection and all rights and obligations that come with it. The parent-child connection is preserved under guardianship, but the guardian takes most of the child’s rights and duties. Because guardianship preserves the parent-child bond, it can be short-term or stopped if the parent can take care of the child.

When a parent refuses to surrender their parental rights, guardianship is a solution. Legal guardianship may be a possibility if adoption is not an option. Guardianship can be of two types: Guardianship of a person or estate guardianship. To learn more, contact our office in Santa Rosa, California, and speak with our guardianship attorney.

Contact Our Santa Rosa Guardianship Attorney

At Rhodes Law in Santa Rosa, our professional guardianship attorney can explain the purpose of each type of guardianship and assist you with which one is best for your situation. We also defend parents who require assistance contesting a guardianship petition after being accused of being unable to care for their children. Contact our Law Office today to book a consultation.