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Guardianship in California

Last edited 105 days ago by Ted Broomfield

SUMMARY

This blog is aimed at people who are faced with the all-too-common problem of when a minor child may need to be formally in the custody or a person who is not that child’s parent.

DETAILS

What is a guardianship

Guardianship is a court process in which someone other than a parent of a minor child is given custody of a child or when a parent or other person is given authority over a child's property. In California, guardianship is a court-supervised process, and a person is nominated as guardian for court approval2. The court orders that the guardian has the right to make legal decisions in a child's life and has responsibility for the child's care345. Legal guardians have a lot of the same rights and responsibilities as parents, such as deciding where the child lives and goes to school and making decisions about the child’s health care45.

Steps to a Guardianship

According to the California Court’s website page,

https://selfhelp.courts.ca.gov/guardianship/process⁠

⁠

Complete and File the required papers;

Notify family and other pertinent persons;

Investigation;

Hearing Date.

ONE. COMPLETE PAPERS AND FILE.

Complete and make at least three (3) copies of each required form. Below is a list of forms, though all may not be required.

Petition for Appointment of Guardian of the Person (

form GC-210(P)⁠

)

Fill out a Petition. If there's more than one petitioner, each one must sign. If the child is 12 or older, they can sign too, or file the Petition by themselves

If you also want to be a guardian of the child's estate, you fill out a different Petition.

Guardianship Petition--Child Information Attachment (

form GC-210(CA⁠

))

Fill out one attachment for each child. Attach it to the Petition.

Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (

form FL-105/GC-120⁠

)

If there is more than one child, you can include them on the same form. If there are more than two children, you can use attachment form

FL-105(A)/GC-120(A)⁠

Confidential Guardian Screening Form (

form GC-212⁠

)

Fill out a screening form. The information on this form will be confidential. Everyone asking to be appointed guardian must fill out a separate form.

If required by your court, Consent of Proposed Guardian (

form GC-211⁠

)

Fill out and sign item 1. Many courts do not require this form if you are asking the court to appoint yourself as the guardian.

Notice of Hearing--Guardianship or Conservatorship (

form GC-020⁠

)

Fill out the caption and #1 of the Notice. Also, fill out the names and addresses of the relatives who can be served by mail on page two. Attach Proof of Personal Service (

form GC-020(P)⁠

) with the information of the relatives, like the parents, who must be served in person. When you file the form, the clerk will write in the hearing date on the front.

Duties of Guardian (

form GC-248⁠

)

Read carefully, date, and sign. All proposed guardians must sign.

Letters of Guardianship (

form GC-250⁠

)

Only fill out the caption. The court will keep this form or will return it to you to hold on to until the court date. The court clerk will fill it out based on what the judge orders.

Order Appointing Guardian or Extending Guardianship of the Person (

form GC-240⁠

)

Only fill out the caption. The court will keep this form or will return it to you to hold on to until the court date. Then, the judge will fill it out and sign it if they appoint a guardian.

TWO. NOTIFY.

When you ask to be appointed guardian, you must notify:

The child, if 12 or older

The child's parents

Anyone who has legal custody of the child

Any guardian of the child's estate (if there is one)

Anyone nominated to be the child's guardian

The child's grandparents on both sides

The child's siblings, including half-siblings

Anyone who has the child in their care (if different than the person who has legal custody)

You may also have to notify your county's human services or social services department. And, if you're not related to the child, you'll have to notify the

California Department of Social Services⁠

For your case, it would be all the people you listed on your filed Guardianship Petition--Child Information Attachment (

form GC-210(CA⁠

)) in Item 1, letters f, g, or i, and everyone listed in Item 2.

You need to have someone 18 years old or older, not you, hand-deliver or mail a copy of the Petition, Notice, and Comparison of Guardians With Other Nonparent Caregivers (form

GC-207-INFO/JV-352-INFO⁠

) to them. The person who does this for you is your server.

Make copies of the Petition, Notice, and form GC-207-INFO for anyone you need to serve. Make one extra copy of the Notice of Hearing.

Give copies to your server.

At least 15 days before your hearing, your server must hand-deliver or mail the papers to everyone they need to serve.

Hand Deliver Papers or Mail?

For some people, the server must hand them the papers in person. This is called personal service. For others, the server can send the papers in the mail. Once your server has delivered the papers, they must fill out and sign a Proof of Service. File the Proof of Service with the court at least 5 days before the hearing.

Who must be served in person

child if 12 or older;

Child’s parent

Any person with legal custody

Any court-appointed guardian of the child’s estate

Any person nominated as guardian for the child.

Who can be served by mail

Each of the child’s living grandparents;

Each of the child’s siblings over the age of 12, including half-siblings;

Parents or guardians of persons who have custody of siblings under the age of 12;

Any person taking care of the child, but, who does not have legal custody

If the person seeking custody is not related to the child, then the applicant needs to mail the papers to the California Department of Social Services, Director of Social Services at 744 P Street, Sacramento, CA 95814.

THREE. INVESTIGATION.

Home Study

An investigator will set up a formal home study. The investigator will:

Visit the home where the child will live

Interview the proposed guardian, and, if appropriate, the child

Interview the parents, if needed

Review documents about the child (like school records and medical records)

Do a background check on you and all adults living in the home where the child will live to see if any of you has a record of neglect or abuse or a criminal record

The investigator will consider issues like where the child would go to school, your family situation, and any healthcare issues (including mental health). If the child is old enough and mature enough, the investigator may talk with them about the guardianship.

Report for the Judge

The court investigator's report summarizes all the information for the judge. It will say if the investigator thinks there was a need for a guardianship or if the child should stay with their parents.

The report will have:

Recommendations about the case, including any concerns the investigator has

Recommendations for any steps the court investigator thinks would help, like an evaluation, medication, referral to social services, or emergency screening (if needed)

They may also recommend that the judge allows the parents to have visitation with the child if the judge appoints a guardian.

The court is usually required to charge parents and proposed guardians for the costs of guardianship investigations. If you would have trouble paying those costs, you can ask the court for a fee waiver. Even if you cannot get a fee waiver, the court or the county can waive repayment of all or part of these costs if payment would impose a hardship on the child.

The judge may decide, based on the investigator’s recommendation, another person’s request, or no request at all, to appoint a lawyer to represent the child. The child’s parents are required to pay as much of the cost of that lawyer as they can afford. Before it orders the parents to pay, though, the court has to have a hearing and figure out how much they can pay. The parents are entitled to go to the hearing and show the court the limits of their ability to pay. If the court finds that the parents cannot afford to pay all or part of the cost, the county is required to pay whatever the parents cannot pay.

FOUR. HEARING.

File forms before the hearing

If you haven't already, file:

Duties of Guardian (

form GC-248⁠

)

Proofs of Service for all the people you had served

If the parents are cooperating with you, have them each complete a Parental Notification of Indian Status (

form ICWA-020⁠

) if they haven't already. This form tells the court if the parent is a member or eligible to be a member of a

federally recognized tribe⁠

specially recognized by the federal government.

Ask the Court for Services, if required

How to ask for an interpreter

If you don't speak or understand English very well, you can

ask for a free court interpreter ⁠

for your court date. To ask for an interpreter, fill out and turn in a Request for Interpreter (Civil) (

form INT-300⁠

) or a form the court gives you. In some courts, you can make your request online.

Contact your court⁠

or ask a clerk when you file your forms to find out how to ask for an interpreter.

Get more information about

asking for and working with an interpreter⁠

How to ask for an accommodation for a disability

If you have a disability or limitation that prevents you from fully participating in court, you can

ask for an accommodation⁠

if you need one. To ask for an accommodation, you can fill out a Disability Accommodation Request

(form MC-410⁠

) and turn it in to your court's ADA Coordinator. You can also call the court or go in person to ask the ADA Coordinator.

To find the court's ADA Coordinator, check

the court's website⁠

for a page titled "ADA" or ask the clerk.

Prepare Forms to bring to hearing

If you didn't give these forms to the clerk already, also take:

Order Appointing Guardian or Extending Guardianship of the Person (

form GC-240⁠

). You fill out only the caption—the top box—on this form. If the judge agrees to appoint you as the child's guardian, they will sign the order.

Letters of Guardianship (

form GC-250⁠

). Fill out the caption—the top box—on this form. The clerk will sign and stamp it if the judge appoints you as guardian.

Write out your key points

The judge may have questions for you at the hearing, like why you want to be a guardian, and why you think it is best for the child to be in your custody. Be prepared with notes and any paperwork you want to talk about.

It can help to have a list of the main points you want to say. If you forget or get nervous in court, you can take a moment to review your list.

If there is someone who has seen or heard anything that supports why you should be a guardian, you can ask them to come to the hearing. They can be a witness for you.

Other Resources

⁠

https://selfhelp.courts.ca.gov/guardianship⁠

⁠

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