Chico Guardianship Attorney
Guardianship Lawyers in Chico
One or both parents may be unable to care for children for a number of reasons. When this is the case, another responsible adult is given guardianship. He or she may care for the children as a temporary or permanent situation. The process of being awarded guardianship is complex and sometimes requires the assistance of a legal professional. This is a highly emotional topic and is not decided lightly. If you have questions or need legal advice, contact a Chico guardianship attorney that is experienced in child custody and guardianship cases.
Guardianship Laws in California
The California Family Code dictates how guardianship proceeding are handled and what factors must be considered. The decision is based on the best interests of the child or children involved. The court must first determine who is an appropriate candidate. Those persons will be required to demonstrate an ability to care for and raise the child in a safe environment. In some cases, drug testing may be required. The court alone is responsible for making the final decision and all parties involved must adhere to its decision. In some special circumstances, the decision may be appealed, but proof that the designated guardian is unfit must be demonstrated.
Who May be a Guardian?
The choice of guardian depends heavily on the circumstances of the case and there is no standard practice. Any adult may be awarded custody of a child, regardless of whether he or she is related by blood or marriage. Many times, the court attempts to place a child with his or her nearest relatives. This includes aunts and uncles, as well as grandparents. In some cases, an adult sibling may be an appropriate choice. When first degree relatives are not suitable, extended family may also be taken into consideration. In some cases, a close family friend may be more appropriate. This is often the case if the parents have died and designated a specific caregiver for the children in their will. If the child has been in the foster care system, foster parents may be given opportunity to apply for guardianship. Ultimately the person who is best able to care for the child is awarded custody. If a child is over the age of 14, he or she may have the opportunity to speak to the court and voice an opinion.
Hiring an Attorney for Guardianship Cases
Determining legal guardianship can be an emotional process for everyone involved. The legal system can seem cold and at time, less than helpful. It is important to understand that this process can take some time and that the courts must proceed with caution when a child custody case is heated. Working with an attorney can give you the peace of mind that someone is working for you. When you hire a family lawyer for assistance with your guardianship case, he or she will work hard on behalf of the children involved. This is a complicated and personal experience and nobody can guarantee a specific outcome.