41690 Enterprise Circle North Suite 200M
Temecula, CA 92590
Phone:
(951) 816-9543

Map of
41690 Enterprise Cir N
Temecula, CA
92590-5616

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Riverside County Guardianship

GENERAL GUARDIANSHIP INFORMATION

A guardianship is an action filed in probate court giving an adult control of a child who is not their own. There are two types of guardianships. One is of the person. The other is over the estate.

Guardianship of the person: A guardianship of the person is generally granted when neither natural parent of the child is available. The person appointed becomes responsible for providing the child with care and shelter. This includes making all educational and medical decisions for the child; providing the child with food, shelter and clothing; and stepping into the shoes of a parent. A guardianship of a person is most likely to be granted when a natural parent nominates the guardian, or the parent is unable to care for the child due to neglect, abuse or abandonment.

Guardianship of the estate: A guardianship of the estate is generally granted in addition to a guardianship of the person, but can be ordered separately. The person appointed becomes responsible for managing all of the child’s assets. This requires that all monies of the child be kept separate from the guardian’s, that the guardian account to the child and to the court as to the location of the monies, and that the money be safeguarded so that the assets remain intact to return to the child at the appropriate age.

HOW A GUARDIANSHIP IS ESTABLISHED

A guardianship action requires the requesting party to file a lawsuit, beginning with a pleading called a Petition to Establish Guardianship. The person filing the action is the “Petitioner.” The Petitioner must allege the facts which require the establishment of a guardianship. The most common form of guardianship is that over the person, with the most common reason being abandonment. Generally speaking, this is when the child lives with someone other than the natural parent for so long that removal of the child from the home would be detrimental to the child.

Upon the filing of the guardianship papers, a filing fee is due, and well as an investigation fee. The filing fees are substantial, usually more than $1,000.00. This fee is to pay for the judges and clerks to process the case (called a “First Appearance Fee”), as well as to pay for a court-appointed investigator to prepare a report (“Investigation Fee”). The investigation consists of a background check of the proposed guardian and other members in the home, as well as a home inspection wherein the child, proposed guardian and family members are interviewed. The report is then written and given to the court for use in determination of the case.

FREQUENTLY ASKED QUESTIONS– GUARDIANSHIP

QUESTION: My sister’s child has been living with me since she was three years old. She is now nine. My sister wants to move out of the state and take my niece with her. What can I do?

ANSWER: You can file for guardianship of your niece. This is exactly the type of situation a guardianship was designed for. Your sister leaving the child with you for such a long period of time is usually considered abandonment, and the court may find it is detrimental to your niece to be removed from your home.

QUESTION: My brother has raised his two children since they were infants, and now he has cancer. He does not know whether he will survive the treatments. No one knows where the children’s mother lives. The children are eight and ten. He wants me to care for them while he is ill, and raise them if he does not survive. Is there any way to make sure their mother cannot take them away from me while my brother is unable to care for them?

ANSWER: Your brother can nominate you as a guardian of the children. You have to attempt to contact the children’s mother after you file. However, if she has not been a part of their lives for many years, it is likely you will be awarded guardianship. Once your brother recovers the guardianship can then be dissolved and custody will revert to him.

QUESTION:My son has a two year old daughter. He was never married to the mother. My son lives with me. The mother of the baby has a history of drug use, including two convictions. She was arrested last week on a DUI. My son also has a drug conviction. I believe my granddaughter would be better off living with me. Is there any way I could get custody?

ANSWER:A guardianship is designed to give you power of a parent when both children are unavailable. Given that neither parent is fit, have your son nominate you as the guardian.

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