Legal Guardianship Attorney in Riverside
Protect Your Rights with a Family Lawyer
What is a legal guardian? This person is appointed by the court or in a
will and is responsible to care for another person, known as a ward. Guardianship
is common in cases where a parent dies, there is
physical abuse, or there is parental incapacity. Although the ward is usually a minor,
they may also be an adult who has special needs.
If no guardian was stated in the parent's will, the court will generally
choose a guardian who has close ties with the ward, such as a family member
or friend. This guardian must be willing to take on the responsibility
of caring for the ward. Before appointing a potential guardian, the court
will first consider their character and history.
A Guardian's Responsibilities
The responsibilities of the guardian include making decisions about medical
care, education, and finances. It also includes day-to-day care like food,
housing, and transportation. Whatever the reason the parents could not
take care of the child, the role of a guardian is extremely important.
It the guardian fails in their duties, they will be removed by the court
and a new guardian will be chosen.
Emancipation of Minors in California
When a child's wishes differ from their parents, a minor may want to
emancipate themselves from their parents. Parents are legal guardians
unless otherwise decided, of their children until the children are 18
years of age. California Family Code § 7000-7002 details what is
known as the "Emancipation of Minors Law."
To be considered, a minor must fulfill one of the following categories :
- The minor gained permission from their legal guardians and the court,
- They joined the military under the permission of their parents, or
- They were able to receive a declaration of emancipation from a judge.
In California, the minor must be at least 14 years old and be able to sustain
themselves with their own money. Your child may be attempting to be emancipated
from your parental authority, for which you may need the guidance and
defense of a
Riverside family law attorney to retain custody.
What Are My Options?
If you are looking to obtain guardianship of a minor, you do have options.
You must first show that the natural parent is unfit to serve as a guardian
of the child, either due to neglect, abuse and/or abandonment, or you
must prove that you are better equipped to raise the child in order to gain
custody. Depending on the circumstances of your case and your relationship to
the child, guardianship cases can be complicated to navigate without legal help.
Family law issues can be complicated and emotional for everyone involved;
however, if you are aware of all the facts concerning your case and have
a dedicated legal representative on your side, your situation could be
drastically improved. If you have questions or worries concerning legal
contact one of our Riverside family lawyers at Hanson, Gorian, Bradford & Hanich. We will be more than happy to
explain your rights and do everything in our power to successfully resolve
Contact our firm today to set up your
free initial consultation.