If the parent of a child’s parent has died, is terminally ill, or is unable to adequately care for children on their own, you can take up the guardianship of that child. Typically guardianship is established in the parent’s will but that is merely a nomination and the probate court will decide who the guardian of the child is.
Guardianship is not the same thing as custody. Custody decides which parent has physical and/or legal responsibility of the child, while guardianship gives those responsibilities to a non-parent. To legally take care of the child, you must obtain legal guardianship. The San Jose lawyers at F&R Law Group can advocate on your behalf so the children can be entrusted to your care.
If you are seeking guardianship, contact (408) 412-5588 for dedicated family law legal representation.
In the state of California, adoption and guardianships establish two different relationships with the child. As a stepparent, you can apply for guardianship if you are unable to adopt the child because you can’t dissolve the biological parent’s right. In a guardianship, if you fail to uphold the best interest of the child, the court can end the guardianship. If you are the adopted parent of the child, the court is unable to terminate you as the parent.
The San Jose guardianship attorneys at F&R Law Group can help you pursue guardianship. We understand that it can be a stressful experience appealing to the court to care for a child. That’s why our guardianship lawyers in San Jose provide legal strategies that are tailored to your specific needs.
Are you seeking guardianship? Contact us at (408) 412-5588 to set up your consultation.