Unless a minor is under the care and custody of his parent(s), is a ward of the court, or is emancipated, that minor must have an adult designated who is responsible for them.  This can be important for school registration, bill payment, public assistance, and so forth.

In a guardianship proceeding, a person(s) can obtain a court order designating the responsibility of caring for this minor and/or the minor's assets to the guardian(s).  In California, you can only become a legal guardian through a court appointment.  A handshake, a will provision, an informal written agreement between proposed guardian and parent, are not valid in California. 

When a guardian is appointed for a minor, that person(s) must serve as guardian until they are released from their appointment by the court.  This happens upon emancipation of the minor, or earlier if the guardianship is terminated. 

In California, there are two types of guardianship:  1) guardianship of the person; and/or 2) guardianship of the estate (assets).  Once a guardianship of the person is named, that guardian is obligated to provide food, shelter, healthcare, educational oversight, etc., just as a parent would.

A guardianship proceeding is initiated by filing a Petition with the Probate court (yes - Probate!).  The petitioner must give proper notice to all parents and extended family members so that they can appear and be heard if they desire.  At that time, the court will commence an investigation into the background of the proposed guardian(s), will do a home study, and will write a report to the court as to their findings. 

FAQs about Guardianships:

Can I designate someone other than my ex-spouse to be a guardian if I should die?  While a parent is certainly free and able to designate in their will who they would like to care for their children if they die, if there is a living parent, that parent can object to the guardianship and will, absent extraordinary circumstances, be the court's preference.  Extraordinary circumstances would be showing that the parent is unable to care for the child(ren), that parent's assumption of custody would be detrimental to the child(ren).

What happens if more than one person wish to be guardian?  You can consider a joint guardianship or you'd have what is called a "contested proceeding" and you would then have to show the court how and why you are the preferred person for the role.

Do I have to give notice that I am petitioning the court for guardianship?  Yes, unless you truly do not know the whereabouts of any and all individuals (which is highly unlikely). 

If you have a specific question about guardianship in California, or would like to obtain letters of guardianship, please call Robin Huggins, attorney/partner of the Family Law department of Kring & Chung, LLP.  She can be reached at (949)261-7700.