Guardianship matters and handled through the Probate Sector of the Superior Court of California. Generally, Probate Code Section 1514 provides the Court the authority to make orders for Guardianship. Simply stated, Guardianship of a person [usually a minor child] is when the Court orders someone other than the minor’s parent to have custody of the minor child, manage the child’s property, or both. This arises in situations where one parent has passed away and the other parent is unfit or where the Court finds that neither parent is able to have the child in their care or custody.
Depending on the situation, a request for Temporary Guardianship may be filed on an emergency basis. That would be followed by a hearing for Permanent Guardianship. This matter could also include a request for appropriate visitation for the child with a parent or parents. A Guardianship case can be complicated because of all of the required forms, investigations, and Court hearings required. Experienced legal representation is key.
Guardianship matters and handled through the Probate Sector of the Superior Court of California. Generally, Probate Code Section 1514 provides the Court the authority to make orders for Guardianship. Simply stated, Guardianship of a person [usually a minor child] is when the Court orders someone other than the minor’s parent to have custody of the minor child, manage the child’s property, or both. This arises in situations where one parent has passed away and the other parent is unfit or where the Court finds that neither parent is able to have the child in their care or custody.
Depending on the situation, a request for Temporary Guardianship may be filed on an emergency basis. That would be followed by a hearing for Permanent Guardianship. This matter could also include a request for appropriate visitation for the child with a parent or parents. A Guardianship case can be complicated because of all of the required forms, investigations, and Court hearings required. Experienced legal representation is key.
Many clients often ask what our strategy is or what we have planned for a particular hearing or event in the case. Oftentimes, it is hard to predict an exact course of action or outcome because we are working with other individuals, such as judges, experts, attorneys, and litigants. A good strategy in our eyes is made of the following:
The first step is acting quickly in a Guardianship matter is important. The next step is to have an experienced legal professional decide whether or not Temporary Guardianship is appropriate. After filing all necessary paperwork, the appropriate persons must be served. Successfully completing a Probate Investigation is key. The last step would be Zealous representation at a contested hearing.
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