San Diego Guardianship Attorneys
Serving the Community Since 1990
A guardianship of the person provides legal and physical custody of a child to someone other than a parent. Guardianships are an option when circumstances no longer allow the parents to care for their child. These circumstances can include: physical illness, addiction, military deployment, etc.
If you need help establishing or enforcing a guardianship in Southern California, Family Law San Diego can help. Our team of San Diego guardianship lawyers has been helping local families in the community since 1990, and we are here to help you too.
Schedule a free consultation at our office today. Call (619) 577-4900 to get started.
The Fundamentals of Guardianships
While legal guardians are very often close relatives of the child such as grandparents, siblings, aunts/uncles, they do not have to be related. Legal guardians are granted many of the same rights and responsibilities as a parent, although you will be supervised to some extent by the Court.
Rights & Responsibilities of Guardians: As a legal guardian, you will be responsible for the child’s care, including:
- The child’s food, clothing and shelter
- The child’s medical care
- The child’s schooling/education
- Appropriate supervision of the child
You will need to financially support the child in the absence of any public financial assistance or child support you may receive for the child. You may also be responsible for harm or damages the child may cause.
When Is Guardianship of Children Necessary?
In some cases, one or both parents may not be able to provide the level of stability, safety, and nurturing care their child requires. While there may be no question as to how much a parent loves their child, some circumstances may prevent them from behaving as a parent. In Southern California guardianship cases, these often include:
- Serious medical problems
- Severe mental illness
- Military deployment overseas
- Jail and prison time
- Substance abuse (drugs and alcohol)
- Physical, sexual, and/or emotional abuse
How Do Guardianships Differ from Adoptions?
The difference between guardianships and adoptions is that an adoption terminates the parent/child relationship and all related rights and responsibilities. With a guardianship, the parent/child relationship remains intact; however, the guardian assumes most of the rights and responsibilities for the child. Because the parent/child relationship remains intact in a guardianship, guardianships can be temporary or terminated if the parent becomes able to care for the child.
Guardianships provide an option when a parent will not agree to terminate their parental rights. When adoption is not an option, legal guardianship may be an alternative. Speak to a San Diego guardianship attorney at our office to learn more.
How to Establish Legal Guardianship of a Minor
Legal guardians commonly include other family members such as aunts, uncles, grandparents, etc., though a willing, non-family party could also serve as a child’s appointed guardian. When filing a case to become a guardian, you will have to complete important documents, which include a guardianship petition, letters of guardianship, a confidential guardian screening form, and more. Whether you are a parent seeking to nominate someone else to serve as a legal guardian for your child or you are petitioning to become a child’s legal guardian, you need board-certified family law experts on your side.
Empowering People with Choices & Options
When life changes, Family Law San Diego is here to help. Easily accessible and readily available to help the minute you need it; we can be trusted to guide you through the legal process ahead. When it comes to establishing or enforcing a guardianship, you have options and we are here to ensure you have the information you need to make the best decision for your situation.
As a collaborative law practice, we do not rely on just one attorney to handle a case. Instead, we involve many partners in the process in order to yield the best results for our clients. We encourage you to contact us today to learn more about our practice and how we may be of assistance in your case.
As skilled litigators, mediators, and negotiators, our firm is prepared to handle any type of family law case.
Working together, we pull from our unique backgrounds and resources to achieve the best results possible.
We create tailor-made solutions to fit the unique needs of every client and help them move forward favorably.
We are committed to serving a diverse clientele, all the while protecting the interests and fulfilling the needs of clients.
We were successful, despite the opposing party's contention. Thank you again to Garrison Kleuck and his entire team.- Jennifer B.
I appreciate all the hard work everyone demonstrated during my legal issue, first and foremost Garrison!- Jean M.
It feels good to have you on our side.- Kevin
I would definitely recommend them.- Harold
He is very knowledgeable and understanding.- Karen