Guardianship

Granite Bay’s Family Law Firm For Guardianship

Our Popular Practice Areas:

Minors
Adoption
Guardianship
Emancipation

Guardianship Attorney

Guardianship, which is granted by the court, is when someone other than the child’s parent is to have custody over a child, and/or manage the child’s property or estate. Guardianship is not the same as adoption. When a court appoints a “guardian,” the parents retain parental rights and can reasonably communicate with the child. The court can also end a guardianship if the parents become able to care for the child. Further, the court can supervise a guardian.

Today, with more and more frequency, relatives and grandparents are stepping in to help raise children.  Guardianship is a key tool to make sure that the care provider of the children have the necessary authority to make decisions and care for the children.

A probate guardianship is usually sought when a child under 18 is living with an adult who is not the child’s parent, but the adult needs to make decisions on behalf of the child. The only way to make those decisions is with a court order awarding guardianship. There are different types of guardianships. Some guardianships can be awarded to a non-parent through the juvenile dependency court, which is different than probate guardianships. Special immigration juvenile status is also different than probate guardianships because those cases allow immigrant youths who are already 18, but under 21, to seek guardianship.

A California Guardianship Lawyer You Can Trust

If you believe your family circumstances or the circumstances of a minor child in your care warrant a petition for guardianship of a minor child, our team of experienced and skilled California family lawyers is here to help. To schedule an appointment with McCunn Law, contact us today at 916-250-3840 or online today.

Call (916) 773-6100

Types of Probate Guardianship

There are two types of probate guardianship: (1) Guardianship of the person and (2) Guardianship of the estate.

In cases where no matter how much a parent loves their child, they are just not able to parent. Some situations include having a serious physical or mental illness, being deployed overseas in connection with the military, incarceration, or any other circumstances where a parent cannot care for their child. In these situations, a guardianship of a person would enable another adult, either a relative, or friend, care for the child. In granting a guardian, the court will look to the best interest of the child. The guardian would have full legal and physical custody of the child and be responsible for things like food, shelter, medical care, and other needs. The guardian would also be responsible for the child’s actions and could potential be liable for any intentional damage the child causes.

In other cases, a minor child (under the age of 18) may inherent money or property or come into money another way like through income. In these cases, a guardianship of the estate is set up to manage the child’s income, money, or other property. In most cases, if there is a surviving parent, then that parent would become the guardian of the child’s estate. Since guardianship of estates are a fiduciary duty, it is one of the highest duties legally recognized. If a guardianship of the estate is needed, working with a lawyer can ensure that the guardian follows all the rules and laws owed to the child.

Why Choose McCunn Law

Our methods for handling guardianship and family law issues are unique. We offer legal assistance for a range of family law cases, including:

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.