What Guardianship Does
A California guardianship gives the appointed guardian legal authority over a minor child’s life. Depending on the type of guardianship granted, that authority can include:
- Deciding where the child lives.
- Making educational decisions — enrolling in school, special education services, extracurricular activities.
- Making medical and mental health decisions.
- Applying for public benefits on the child’s behalf.
- Consenting to marriage or military enlistment for a minor.
- Managing the child’s finances if a guardianship of the estate is also granted.
Guardianship does not terminate the parental rights of the child’s biological parents. The parents retain the right to petition the court to end the guardianship. They may also retain visitation rights unless the court finds visitation would be harmful to the child.
The Two Types of Guardianship in California
Guardianship of the Person
Guardianship of the person gives the guardian physical and legal custody of the child — authority over where the child lives and decisions about their day-to-day care, education, and health. This is the most common type of guardianship.
Guardianship of the Estate
Guardianship of the estate gives the guardian authority to manage the child’s financial assets — money, property, or other assets the child has inherited or received. The guardian of the estate must account to the court annually for all income and expenses. A guardianship of the estate is required any time a minor receives assets above a certain value — including an inheritance, a personal injury settlement, or life insurance proceeds.
Both types of guardianship can be granted together or separately depending on the child’s circumstances.
Who Can Petition for Guardianship
Under California Probate Code § 1510, a petition for guardianship can be filed by a relative of the child, a person who has had physical custody of the child, or any other person on behalf of the child. There is no requirement that the petitioner be related to the child, though courts generally prefer to place children with relatives when possible.
Common situations that lead to guardianship petitions include:
- A parent’s death, incarceration, serious illness, or substance abuse.
- A parent’s inability to care for the child due to mental health issues.
- The child already living with a relative or family friend who needs legal authority to make decisions.
- A parent voluntarily asking a trusted person to care for their child while they address a temporary crisis.
How Guardianship Is Established in California
Guardianship is established through the California Superior Court’s probate division — not the family law division. The process involves:
- Filing a Petition for Appointment of Guardian of Minor (Form GC-210) with the probate court in the county where the child lives.
- Paying the filing fee — currently around $435 depending on the county.
- Serving notice on the child’s parents, the child if age 12 or older, and other close relatives as required by Probate Code § 1511.
- A court investigator may be appointed to interview the child, the petitioner, and the parents and report to the court.
- A hearing is scheduled — typically within 60 days of filing.
- At the hearing, the judge considers the best interests of the child and decides whether to grant guardianship.
If a child is in immediate danger, a temporary guardianship can be granted on an emergency basis before the full hearing.
The Best Interests of the Child Standard
California courts evaluate guardianship petitions using the best interests of the child standard. The court considers the child’s health, safety, and welfare — the stability of the proposed guardian’s home, the child’s relationship with the petitioner, the child’s relationship with their parents, and the child’s own wishes if they are old enough to express a preference.
A parent’s objection to the guardianship does not automatically defeat the petition, but it is a significant factor the court weighs.
How Guardianship Ends
A guardianship ends automatically when the child turns 18, dies, is adopted, or the parents’ rights are terminated and the child is placed elsewhere. It can also end earlier if a parent petitions the court to terminate the guardianship and demonstrates they are now able to care for the child. The guardian can also petition to resign.
Termination requires a court order — the guardian cannot simply return the child to the parents without court approval.
Guardianship vs. Adoption
Guardianship and adoption both give an adult legal authority over a child — but they are fundamentally different. Adoption permanently terminates the biological parents’ legal relationship with the child. Guardianship does not. A guardian’s authority can be terminated by the court; adoptive parenthood cannot.
Guardianship is often the preferred option when the biological parents are expected to eventually be able to resume care, or when the child has a meaningful relationship with the parents that should be preserved.
Frequently Asked Questions
Do I need a lawyer to get guardianship in California?
You can file for guardianship without an attorney using Judicial Council forms. The probate court’s self-help center can help you identify and complete the correct forms. Guardianship proceedings involving contested parents or complex family situations benefit from legal representation.
How long does guardianship take in California?
A standard guardianship petition takes approximately 60 to 90 days from filing to the hearing. Emergency temporary guardianship can be granted the same day in urgent situations. If the proceeding is contested by a parent, it can take significantly longer.
Can a grandparent get guardianship of a grandchild in California?
Yes. Grandparents are among the most common petitioners for guardianship in California. The same process and standards apply regardless of the petitioner’s relationship to the child — the court’s focus is on the best interests of the child.
What rights do parents have during a guardianship?
Parents retain the right to petition the court to terminate the guardianship. They may retain visitation rights unless the court finds visitation harmful to the child. They are served with notice of all guardianship proceedings and have the right to appear and object.
Does this apply outside California?
Guardianship laws vary significantly by state. California’s guardianship process, forms, and standards are California-specific. If the child lives in another state, that state’s laws govern.