Most children under the age of 18 are fortunate in that they have at least one parent to watch over them and provide for their needs. Unfortunately, situations do arise where parents are no longer capable of caring for their kids. When this happens, the courts may intervene to answer the question of guardianship.
A person who receives guardianship powers is responsible for the wellbeing of the child in the same way that a parent would be. As a result, the state has created strict rules for parties wishing to take on this responsibility to ensure that the child is properly taken care of.
A Rosemead guardianship lawyer could help if you are looking to become a guardian. Our attorneys could also help current parents to stand up for their rights to remain in their children’s lives or contest the appointment of a guardian.
What Does it Mean to be a Guardian?
In the general sense, a guardian is someone who is responsible for the welfare of a child. As soon as a person has a biological child, they are automatically that child’s guardian. The same responsibility to provide food, clothing, shelter, and other necessities can come about as the result of a court order.
A guardian must be sure to provide these necessities to the child. In addition, guardians must submit an annual report to the court concerning the child’s status, so they know that they are still in a safe environment. If the court is not satisfied with the child’s living situation, it may reconsider the person’s status as their guardian. A Rosemead attorney could provide more information about what it means to receive court-ordered guardianship.
Becoming a Legal Guardian
The law presumes that a child’s biological parents will retain the right of guardianship. However, situations do arise where parents are unable to provide for the welfare of their child. These situations may include:
- Mental or physical health concerns
- A history of abuse
- Drug or alcohol problems
When any of these situations arise, any person has the right to file a petition for guardianship. According to California Probate Code § 1510, this petition must provide information concerning the child’s parents, the reason for the proposed guardianship arrangement, and the proposed guardian’s personal information. Ultimately, the court will make a guardianship decision based on the best interests of the child. A lawyer in Rosemead could help to make this argument in court on behalf of either a current parent or a potential guardian.
Speak with a Rosemead Guardianship Attorney
Many situations can arise where the fitness of a parent to take care of a child falls into question. This may include drug abuse, violence in the home, or allegations of abandonment. The law is primarily concerned with the welfare of the child. To this end, courts may consider petitions for proposed guardianship arrangements that transfer the legal duty of care for a child to another person.
A Rosemead guardianship lawyer could help various parties in these legal matters. For potential guardians, an attorney could submit the necessary paperwork and make effective arguments in court. For current parents, our team could fight back against allegations of a parent’s inability to care for their child. Reach out to our caring legal team today to learn more.