Pasadena Guardianships Lawyer
Pasadena Guardianships Attorney
If a child’s parents have passed away or are unable to care for and financially provide for their child, a legal guardian may need to be chosen so that the child can be taken care of until they are 18 years old. Sometimes, a guardian may be chosen by the parents of the child through a will. If you are looking to become a legal guardian, seek the counsel of a Pasadena divorce lawyer.
Parental rights is another issue regarding the care of children, particularly in divorce cases where the parents are determining how to share parental responsibilities. A parental rights attorney can help their client walk through the litigation process, as well as assist with court administration documents.
What Is Guardianship?
There are two kinds of guardianship in the state of California. The first kind includes legal guardianship of the person, becoming fully responsible for that child. There is also guardianship of the estate of the child, in which that guardian becomes legally responsible for taking care of the child’s estate, including managing assets.
If you are planning to become a child’s legal guardian, you must first complete any necessary forms and then file them with the court clerk. A notice of the proposed guardianship must then be sent to the parents or current guardian of the child. You will then have an interview with a court investigator, where you will explain why you are a good choice to serve as a guardian. A hearing will then take place.
Guardianship of the Person
Guardianship of the person becomes a necessity if a child is living with an adult who is not their parent. Because the adult is providing all of the child’s needs, such as food, shelter, clothing, and education, that adult must have the legal ability to make decisions on that child’s behalf. Once that adult becomes a legal guardian, they have full custody of the child and have the right to make all decisions necessary for caring for them, just as a parent would.
Anyone who is capable of caring for a child can become a guardian in Pasadena, such as a relative or a friend of the family. It is important to note that while guardianship is very much like being a parent, it is not considered to be a legal adoption.
Guardianship of the Estate
This kind of guardianship is needed when a child has possession of money, income, or property that must be handled by an adult until the child turns 18. If a child receives an inheritance of value, such as assets, a guardian may need to be appointed. In California, any child who inherits a certain amount of money must have a guardian for the child’s estate to collect the money and manage it as well. A guardian is not required, however, if the person has created a trust for them.
Removing or Replacing a Guardian
Sometimes, a guardian must be replaced or removed due to certain circumstances, such as abuse or neglect, or if the child’s needs are not being properly met. A current guardian may be asked to be removed and replaced with another, or a guardian may wish to stop being a child’s guardian. If you are looking to remove and replace a guardian, or if you wish to clear your name of any misconduct, speaking with a property division attorney in Pasadena is a wise option.
Terminating a Guardianship
In some cases, a guardianship may need to be terminated. There are several reasons why this may be necessary, such as: the child turns 18, the child dies before turning 18, the child undergoes an emancipation proceeding, the child is adopted, the child gets married, the child enlists in the military services, or the court orders for the guardianship to end.
Conservatorships
Much like guardianship, a conservatorship involves the care of a person, an estate, or possibly both a person and their estate. There are several kinds of conservatorships, such as general conservatorships and limited conservatorships.
A general conservatorship involves an adult who is unable to care for themselves or their money and needs someone to assist them in managing their finances. The person in need of care may be elderly or young and may have limited capabilities due to poor health or serious injuries.
A limited conservatorship involves caring for an adult with developmental disabilities who cannot take care of themselves or their finances on their own. In this instance, the court can choose someone to serve as a guide while also protecting the conservatee and having the capability to make decisions for the conservatee.
Parental Rights Attorney
Another issue involving child custody is divorce cases with children. Parents who are in the process of divorce often find it difficult to determine how to split custody, if child support lawyer in Pasadena is needed, and how to co-parent. According to California law, every parent has the legal right to make decisions for their children. If a parent needs help protecting their rights, a parental rights attorney can help.
Rights Affected by Divorce
If a divorcing couple shares a child together who is under the age of 18, responsibilities must be divided between the two. During the divorce process, they must decide on parenting time or visitation, child support, and potentially other issues such as determining the child’s education and religious upbringing.
A court must look at both parents’ rights equally in a divorce case, but will make any decisions in the best interest of the child. The court will also look at the relationship of the child with each parent to help determine custody based on California child support laws.
Consult with a California Guardianship Lawyer
In the event that a child’s parents have passed away or are unable to care for their child, choosing a legal guardian is necessary. A guardian may be named in a will created by the parents, but at other times, a guardian must be chosen by the court. If you live in California and are looking to become a legal guardian, it is wise to hire a Pasadena guardianship lawyer. Contact the Law Offices of Patricia A. Rigdon to discover your legal options.
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