LEGAL GUARDIANSHIP UNDER CALIFORNIA LAW

A legal guardian is somebody other than a biological parent who has legal care of a child (or children) in the State of California. There are many reasons why a court will give legal care of a child to somebody other than a natural parent. California Family Code 3041 sets forth the general test and requires specific findings that “granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child.” For example, the natural parent’s may be unable to properly care for the child on account of:

• Alcoholism
• Death
• Deportation
• Domestic violence
• Drug addiction
• Illness
• Incarceration
• Military duty overseas
• Profound financial issues

There are other situations making the parent ill-suited or unfit to have legal responsibility over the child, but the above list represents the most common reasons. The guardianship can be ended when the parent’s circumstance improves. The court can choose a relative, companion, non-permanent parent, or other non-parent who petitions to the court to become the child’s guardian. The Petition will be granted as long as the ruling is in the child’s best interests.

The process of applying for guardianship can be a daunting task. Lynx Legal Service can guide you through the process by preparing the necessary documents in compliance with applicable rules and procedures. For further information or if you’re ready to start a case, please call us at 888-441-2355 or send an email info@lynxlegal.com.

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