Contested Child Guardianship and Court Investigation

Sometimes, for whatever reason, parents find themselves in hard times. Whether this involves financial matters, mental health, substance abuse, or another issue that substantially affects one’s ability to care for his or her children, alternative arrangements for the children’s care may need to be sought. Although the state, under certain circumstances, may try to terminate an individual’s parental rights, thereby freeing the children for adoption, this is considered a last resort. To avoid this outcome, alternative plans exist, such as custody arrangements and guardianship.

Through a guardianship, a Roseville individual assumes parental responsibilities over a child until such time as the guardianship is dissolved. Sometimes all parties, including a child’s parent or parents, agree to a guardianship. In other instances, though, a guardianship is contested.

A guardianship can essentially be challenged in two ways. The first is when a parent opposes guardianship. The second is when multiple parties seek guardianship of a child. In some cases, both situations exist. So, what happens when a guardianship is contested? Under California law, the family court may order an investigation of all parties involved. These investigations can focus on a number of matters, including each party’s relationship to the child, the identified needs of the child and how each party is able to provide for those needs, and each party’s plan to ensure that the child has a safe and stable home.

Obtaining, preventing, and dissolving a guardianship can be much more difficult than it seems at first glance. This is why Californians who are delving into the legal realm as it relates to child guardianship may want to discuss the matter with their family law attorney. Failing to have a legal advocate on one’s side might lead to unwanted results, which, when dealing with the life of a child, is unacceptable.

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