Guardianship Attorney in California

What Is Guardianship in California?

Guardianship refers to a court appointing someone other than a child's parents to manage the child's care, property, or both. This is distinct from adoption — guardianship does not permanently terminate parental rights and is generally intended to be a temporary arrangement when parents are unable to care for their child due to illness, incarceration, military deployment, substance abuse treatment, or other circumstances.

Types of Guardianship

• Guardian of the person — responsible for the child's physical care, including decisions about education, healthcare, and day-to-day welfare
• Guardian of the estate — responsible for managing a child's financial assets or property
• Guardian of the person and estate — combines both responsibilities

How Guardianship Differs From Adoption

• Parents do not have their rights permanently terminated in a guardianship — they retain parental rights and can request reasonable contact with the child
• Guardianship is not permanent and can be terminated by the court when a parent is able to resume caring for the child
• Guardians may be subject to court supervision and periodic reporting requirements
• The legal relationship between guardian and child is not the same as a parent-child relationship for all legal purposes

Who Can Be Appointed Guardian?

In most cases, a proposed guardian is a close family member — a grandparent, aunt or uncle, older sibling, or family friend — who has an existing relationship with the child. The court evaluates whether the proposed guardian can provide a safe, stable, and nurturing environment for the child.

The Guardianship Process in California

To establish a guardianship, the proposed guardian files a petition with the superior court in the county where the child resides. The court will typically require notice to be given to the child's parents and other close relatives, a home study or background investigation, and a court hearing where all interested parties can be heard. The court's decision is governed by the best interests of the child.

Opposing a Guardianship

If you are a parent who believes a guardianship of your child is not in your child's best interests, or that you are now able to care for your child and wish to terminate an existing guardianship, Furubotten Law, APC can represent you in those proceedings.

How to Get Guardianship of a Child in California

How to get guardianship of a child in california begins with filing a Petition for Appointment of Guardian of the Person (form GC-210) in the Probate Department of the Superior Court in the county where the child lives. The petition must identify the proposed guardian, explain why guardianship is necessary, and describe the circumstances that prevent the parents from caring for the child. After filing, the court sets a hearing date — typically four to eight weeks out — and requires notice to be served on the child's parents, grandparents, and other close relatives. Before the hearing, the court may order a background investigation of the proposed guardian and a home study conducted by a court investigator who will interview the child, the proposed guardian, and others with knowledge of the child's situation.

Become guardian california: to qualify, the proposed guardian must be at least 18 years old, must not have a felony conviction that would disqualify them under California law, and must be able to demonstrate the ability to provide appropriate care for the child. At the guardianship hearing, the court considers the child's best interests as the primary standard — not which adult most wants the child or which adult is most financially capable, but which arrangement will best serve the child's health, safety, and welfare. If the child is 12 years of age or older, the court will consider the child's preference regarding who should serve as guardian.

Legal Guardian California — Rights and Responsibilities

A legal guardian california courts appoint has the same day-to-day care responsibilities as a parent: providing food, clothing, shelter, medical care, education, and supervision. The guardian can enroll the child in school, consent to medical treatment, and make decisions about the child's activities and religious upbringing. What a guardian cannot do without court authorization: remove the child from California for an extended period, consent to the child's marriage, consent to the child enlisting in the military, or take other significant actions that may affect the child's legal status.

Guardianship california does not terminate the parents' underlying legal rights — they remain the child's legal parents. Parents retain the right to petition the court for visitation with the child and the right to petition to terminate the guardianship when they are able to resume caring for the child. The court can grant the parents visitation rights as part of the guardianship order, and it can also restrict or deny visitation if contact would be harmful to the child.

Temporary Guardianship

When a child needs immediate protection before a full guardianship can be established, the court can appoint a temporary guardian on an expedited basis. Temporary guardianship provides immediate legal authority to care for the child while the full guardianship proceeding moves through the court. A temporary guardianship typically lasts until the full guardianship hearing — approximately four to eight weeks. The temporary guardian has the same responsibilities as a permanent guardian during this period. Furubotten Law, APC can assist families in seeking emergency temporary guardianship when a child's safety requires immediate court intervention.

Guardianship vs. Adoption vs. Custody

Guardianship, adoption, and family law custody are three distinct legal arrangements that serve different purposes. Guardianship is a Probate Court proceeding that gives a non-parent temporary care authority without permanently terminating parental rights — it is designed to be reversible when the parents' circumstances improve. Adoption permanently terminates the birth parents' legal rights and creates a new legal parent-child relationship — it is permanent and irrevocable. Family law custody is determined in the Superior Court family law division for parents who are separating or divorcing — it allocates parenting time and decision-making authority between two legal parents, and neither parent's rights are terminated. Grandparents, relatives, and family friends who want to care for a child when the parents are unavailable typically seek guardianship rather than adoption (which is permanent) or custody (which applies to disputes between legal parents).

Terminating a Guardianship

A guardianship can be terminated when the circumstances that made it necessary no longer exist. Most commonly, a parent petitions to terminate the guardianship when they have completed substance abuse treatment, been released from incarceration, recovered from illness, or otherwise restored their ability to care for the child. The court evaluates whether termination serves the child's best interests — not whether the parent has made progress, but whether returning the child to the parent's care at that specific time is appropriate for the child. The guardian can also petition to terminate the guardianship, as can the child if 12 years or older. Furubotten Law, APC represents both parents seeking to terminate guardianships and guardians seeking to preserve a stable arrangement for the child when termination would not serve the child's best interests.

Guardianship Attorney — Orange County and Riverside County

Furubotten Law, APC represents proposed guardians, parents, and other interested parties in guardianship proceedings throughout Orange County and Riverside County. Our Huntington Beach office serves clients appearing in the Orange County Superior Court Probate Division. Our Murrieta office serves clients appearing at the Southwest Justice Center and the Menifee Justice Center in Riverside County. If you are considering seeking guardianship of a child or need to respond to a guardianship petition, call (714) 795-3862 to schedule a complimentary initial case evaluation with Denise Furubotten, Esq.

Last reviewed: May 2026 · Author: Denise Furubotten, Esq.