It’s true that California courts typically believe that it’s best for children to remain in the care of their biological parents when possible, there are many situations where it’s not possible. Examples include deceased parents, incarcerated parents, or parents who are otherwise unfit. In these cases, the California courts appoint a guardian to take care of the children. When you work with Kendall Gkikas & Mitchell you’re working with a guardianship attorney who can help you no matter what side you’re on, whether you want to petition the court to appoint a guardian or you’re responding to a guardianship issue.
Understand the ins and outs of California probate guardianships
Probate guardianships are generally established when a person wants to be appointed a guardian by a family member. The person or people who are asking for guardianship have to show that there’s some issue with one or both of the child in question’s parents. These issue can include:
- Drug or alcohol problems
- History of abuse
- Significant mental or physical illnesses
- Are going to be incarcerated
- Are leaving for rehab for a significant amount of time
- Are going overseas via the military
- Cannot care for their child for another reason
What probate guardians can and can’t do
When probate guardians are established, they’re able to make financial and legal decisions for the child. They typically handle both the guardianship of the state and the child. Their responsibilities can include:
- Providing clothing, food, and shelter for the child or children
- Ensuring education and special needs are met
- Protecting the child and ensuring they’re safe
- Providing for their emotional and physical growth
- Providing mental and dental care
Children who have valuable property, like inheritances or trust funds, may also need guardianship of their estate. This can include making investments and managing the child’s money and property.
The difference between guardianship and adoption
Adopting a child and taking over guardianship are not the same thing. The main difference is that taking over guardianship doesn’t sever or terminate the legal rights or responsibilities of the parents. Parents can still request visitation and they may still be required to pay child support.
On the other hand, when a child is adopted, all of the rights and responsibilities of the biological parents are nullified. The person adopting the child or children has permanent custody and cannot request child support from the biological parent.
No matter which option you’re consider, Kendall Gkikas & Mitchell is here to provide you with all the information and legal support you need to make informed decisions. We have decades of experience and are dedicated to providing you with all the help you need in this potentially emotional time. When you need a law firm that has experience, compassion, and a strong drive to find the best possible outcome for every client we work with, then you’re looking for Kendall Gkikas & Mitchell. Contact us today at 909-482-1422 to schedule your consultation.
