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A Santa Rosa Guardianship Attorney: Establishing Legal Guardianship In Sonoma County

There are many reasons that a biological parent might not be able to care for their child. I founded my firm in Santa Rosa to provide families in Sonoma County and the surrounding communities with legal challenges. At Challoner Law, I understand that in some situations, removing a child from the care of his or her parent may be in the child’s best interests.

How Can You Establish A Guardianship In California?

A guardianship in California is a legal arrangement where a court appoints an adult to care for a child whose parents are unable to do so. This guardian assumes responsibility for the child’s well-being. This includes making decisions regarding the child’s health, education and overall welfare. In order to establish a legal guardianship in California, you have to file a petition with the court in the County where the child lives. During a hearing to establish a guardianship, the judge will consider several factors, including:

  • The child’s best interests
  • Your relationship with the child
  • Any objections from the child’s family members

Once your guardianship petition is approved, you will have the authority to make decisions about the child’s welfare. As an experienced family law attorney who regularly handles child custody cases, I can provide you with legal guidance and advice regarding a guardianship petition.

Does A Guardianship Terminate Parental Rights?

A guardianship does not terminate parental rights. Instead, it temporarily suspends parental rights, allowing the guardian to make decisions for the child. The parents still retain their legal relationship with the child and may have visitation rights, depending on the court’s orders. The parents can also petition the court to end the guardianship if they can demonstrate that they are once again able to care for their child. Consulting with a lawyer can help you understand the specific terms and conditions of a guardianship and how it affects parental rights.

How Is A Guardianship Terminated?

A guardianship can be terminated in several ways. If the child’s parents can demonstrate that they are capable of resuming their responsibilities, they can petition the court to end the guardianship. Additionally, the guardian or another interested party can also request termination if the arrangement is no longer in the child’s best interest. The court will review the petition and hold a hearing to determine if termination is appropriate. If the child turns 18, the guardianship automatically ends as they are legally considered an adult.

Schedule A Consultation With A Santa Rosa Guardianship Attorney

I am available for consultation appointments. If you have questions about establishing a guardianship or terminating a guardianship, please reach out. You can contact me online to schedule an appointment at my Santa Rosa office. You can also call me at 707-362-8209.