Every child has the right to a nurturing environment when growing up, but sadly, the parents of biological children are occasionally unable or unwilling to provide a safe home for their kids. Thankfully, other adults are willing to step in when biological parents cannot provide this security. When these situations arise, the best thing to do is obtain a protection known as a guardianship order.
Courts only grant guardianship orders when biological parents cannot provide proper care, but a Huntington Beach guardianship lawyer could help with every stage of obtaining this protection. Our compassionate estate planning attorneys could also thoroughly check each petitioner’s qualifications to serve in this role.
How to Seek Guardianship Over a Child
By law, biological parents are the presumptive guardians of children. This means that they must do everything in their power to care for the welfare of their kids. However, in many unfortunate situations, they are unable to provide this care. Examples of negligent care or oversight include:
- Long prison sentences that leave a child without support
- Drug or alcohol addiction
- Physically or mentally abusing a child
- Mental health concerns that prevent a parent from caring for a kid
If a state court does decide to terminate a parent’s guardianship rights, another adult can usually step forward. According to California Probate Code § 1510, this person can file a formal petition for guardianship. A comprehensive petition will include information about the person seeking guardianship powers, data about the home into which the petitioner wishes to bring the child, and background about the biological parents’ inability to raise their kid. A seasoned attorney in Huntington beach could help someone assess the requirements and file an airtight guardianship petition.
What Obligations Does an Appointed Guardian Need to Fulfill?
Once an adult receives custody over a child through a guardianship proceeding, they are obligated to fulfill numerous parental requirements. Although guardianship does not function as a full adoption, an appointed adult must still act solely in the child’s interests.
Additionally, the court granting the guardianship order will require the parents to submit an annual report concerning the child. As long as the child remains in a stable home, the court should accept this report as a formality. However, the court does have the power to order an additional investigation if it believes that a parent is not acting as a guardian should. A tenacious lawyer in Huntington beach could help parents to submit these reports to the court and answer any allegations of failing to serve as a proper guardian.
Speak With a Huntington Beach Guardianship Attorney Today
Although it is sad to imagine, many parents fail in their duty to care for their children by becoming incarcerated, falling victim to addiction, or by committing violence against their kids. If a court has already ruled that a biological parent has lost custody of a child, you may be able to act as that child’s guardian.
A Huntington Beach guardianship lawyer could help you submit formal petitions to a family court seeking control over a child’s life. This could offer safety, security, and stability for a growing kid. If you believe you are the right person to serve in this role, reach out to our firm today.