There are times when a court can appoint an adult who is not a child’s parent to serve as the child’s guardian. However, being appointed as a legal guardian of a child can be a complicated and emotional process. Here, the Westlake Village guardianship attorneys at the Law Offices of Ronald K. Stitch want to discuss how this process works and what you can do to get through it.
Understanding guardianships in Westlake Village
Suppose a person is appointed the legal guardian of a child. In that case, they will have the authority and the obligation to make decisions about the child’s care, education, supervision, and medical treatment. When guardianship is established, the rights of the child’s parents are temporarily suspended. However, it is not uncommon for parents to retain the right to visitation with their child, and they may also have an obligation to continue to pay child support to the guardian.
In general, the court will appoint a person as a guardian of a child if the parents are unwilling or unable to execute their parental duties. The court in California will grant guardianship if there is clear and commencing evidence that doing so is in the child’s best interests. Often, the court appoints a relative or friend of the family as a guardian.
Difference between guardianship and adoption
There are certainly differences between guardianship and an official adoption. An Adoption is the placement of a child with an entirely new set of parents. The adopted child is treated the same as the birth child with the new parents.
In guardianship, biological parents will still have parental rights and can ask for reasonable contact with the child. It is uncommon for guardianship to result in a parent losing their rights altogether. The court can end a guardianship if the child’s biological parents become able and willing to care for the child.
Types of guardianships in Westlake Village
We want to discuss two possible types of guardianships: guardianship of the person and guardianship of the estate.
Guardianship of the person
When the court appoints a guardian of the person, this guardian will have the same responsibilities to care for the child as the biological parent. The guardian will have complete legal and physical custody of the child and make all decisions related to their care.
Guardianship of the estate
When a court appoints a guardian of the estate, this guardian will manage the child’s money, income, investments, and other property until the child reaches the age of majority (18 in California). A child may need a guardian of the estate if they inherit money and the parents are absent or have passed away.
Call our Westlake Village guardianship attorney today
If you or somebody you care about is involved in becoming the guardian of a child, or if you think you may need to become a child’s guardian, please contact our family law attorney at the Law Offices of Ronald K. Stitch as soon as possible. Our team is standing by to help ensure that this process flows as smoothly as possible. Guardianship is very complex. However, an experienced Westlake Village guardianship lawyer can help with every step of the way. You can contact us for a free consultation by clicking here or calling 818-707-0202.
