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How to Become a Minor Child's Guardian in California when Child Protective Services (CPS) is Involve


Normally, when parents appoint a guardian or guardians under the terms of their wills, such appointments will be handled under California's Probate Code Section 1500, et al, following the parents' deaths. Although courts are not required to support parents' testamentary nomination of guardians, they give such choices great deference.

When the parent(s) of minor children are still alive and not legally incapacitated, however, and one wants to establish guardianship over such children, the process is different. California's Welfare and Institution's Code is the basis for the establishment of guardianships in these scenarios instead of the Probate code. In other words, it is the juvenile dependency court, and not the probate court, who decides with whom the children should be placed.

In such situations, individuals who have cared for minor children in their parent(s)' absence and who desire to establish guardianship over such children should apply to be their "de facto" parents. This allows them to attend the Juvenile Dependency Court hearings held on the children's behalves and to request that they be appointed the children's guardians. More information on de fact parent applications can be found on the following website:http://www.courts.ca.gov/documents/jv299.pdf

The information on this article is for general information purposes only. Nothing in this article should be taken as legal advice for any individual case or situation. The information appearing in this article is not intended to create, and viewing of this information does not constitute, an attorney-client relationship.


Note further, an attorney-client relationship shall only be formed by entering into an attorney-client retainer agreement with an attorney from our firm. Sending email to or calling Griswold Law Firm does not in itself constitute the creation of an attorney client relationship.

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Griswold Law Firm offers services in civil litigation and family law in and around the Austin, Texas area, such as Bee Cave, Round Rock, Cedar Park, Plugerville, Cedar Park, etc. as well as the general areas of Travis County and Williamson County.  He also handles big cases in Alameda, Santa Clara and San Mateo Counties in California, for which he collaborates with a local attorney

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The information appearing on this site is not intended to create, and viewing of this information does not constitute, an attorney-client relationship.  You should not rely on this information without seeking the advice of an attorney.

 

Note further, an attorney-client relationship shall only be formed by entering into an attorney-client retainer agreement with an attorney from our firm.  Sending email to or calling Griswold Law Firm does not in itself constitute the creation of an attorney client relationship.

 

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