Orange County Guardianship Attorney

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Orange County Guardianship Attorney

California law has several measures focused on the welfare of children. Guardianship is another of those measures. In general, California law would prefer to keep the legal custody of a child with the biological parents. Guardianship is a means by which legal custody is transferred to another party for the time being. However, this doesn’t have to be permanent, and if the biological parent or parents are able to prove themselves fit to take on custody again, it can be transferred back to them. Guardianship can be a helpful tool for children but implementing it can sometimes be challenging. That’s why, at Cianci Law, we are prepared to help with your Orange County guardianship needs.

Why You Need a Lawyer for Guardianship in Orange County

The reason why you may need a lawyer in a guardianship case can depend on your interests in the matter. For instance, if you are seeking guardianship, then you need a lawyer’s help in persuading the court why guardianship is going to be in the interests of the child. The court will always rule in favor of what it believes to be the child’s interests. A lawyer with experience addressing these issues with judges has a better understanding of how to communicate such an argument to them.

If you are interested in getting guardianship terminated, then it is important that you can make the case to the judge that it is no longer needed and you are able to take back your full legal rights. You will also need to make the case that your child’s welfare is also better served by terminating the guardianship. Given the importance of the situation, you are likely going to want the strongest argument you can think of on your side. An experienced, expert lawyer, like the one at Cianci Law, can use their knowledge to convincingly persuade a judge to terminate your guardianship.

The other major element that a lawyer can help with is the voluminous paperwork that must be addressed. The paperwork is familiar to us, and we can work through it efficiently and effectively.

Guardianship or Adoption?

Guardianship and adoption are two similar but very different approaches. Each tries to address situations where the parents aren’t presently fit to have legal custody of the children. In the case of adoption, the parenting rights of the biological parent are terminated, with no way to get them back.

Guardianship, on the other hand, essentially puts parenting rights on hold. While the guardian has legal custody over the child, the court may still give visitation rights to the parent. The court may also choose to supervise the guardianship. Finally, if the parent’s situation improves, the guardianship can be terminated, and full parental rights can then be restored.

Reasons for Guardianship

There are many concerns that might lead to guardianship. However, it is important to remember that the only reason why a judge will grant guardianship is because they believe it to be in the interests of the child. Some possible reasons for seeking guardianship may be that one or both of the parents involved are:

  • Deceased
  • Struggling with alcoholism or drug addiction
  • Severely ill
  • Incarcerated
  • Being deployed for overseas military duty
  • Facing deportation
  • Entering rehab
  • Seriously injured
  • Struggling with mental health issues

Kinds of Guardianship

The court may choose to award one or both of two different kinds of guardianship:

  • Guardianship of the Person – This is where the court grants someone legal decision-making rights for the child. Along with those legal rights comes a duty to care for the child. The individual who is awarded guardianship of the person must also do things like feed, clothe, and shelter the child.
  • Guardianship of the Estate – This is when the court orders someone to manage the child’s financial situation. If a child has a large sum of money, perhaps because of an inheritance, then someone needs to oversee that wealth. This kind of guardian has strict fiduciary duties and must be careful about how the money is managed.

Guardianship Process

The process of becoming a guardian only involves a few steps. However, there is often a series of paperwork and disruptions that can complicate matters. Generally, a guardianship can be secured by:

  • Filing With the Court – There are several different kinds of documents that must be prepared and filed.
  • Notifying Family Members – The child’s parents and other family members need to be notified of the court hearing.
  • Request Consent from the Parents – It’s possible that the parents may consent to the idea of guardianship, particularly if it might be temporary.
  • Investigation – The judge will assign an investigator who will try to determine whether the guardianship is really in the child’s interests.
  • Court – If it is deemed to be beneficial for the child’s welfare, guardianship will be granted

The judge may also choose to order a visitation schedule for the parents, depending on the situation. At Cianci Law, we can help you through the process and work hard to deal with any unforeseen issues that may come up as well.

Terminating the Guardianship

There may come a point in time when guardianship is no longer needed. There are three parties who may request that the guardianship order be terminated. They are:

  • The guardian
  • The parent
  • The child

If the judge sees fit, they will hold a hearing and determine whether the guardianship needs to be terminated. If you are wanting to terminate a guardianship, then working with Cianci Law can help you get what you seek.

Contact Cianci Law in Orange County Today

Guardianship is a somewhat obscure, but still very important, part of law, particularly for the children and family involved. If you have a guardianship case that you need to address, then you can benefit from an Orange County guardianship attorney who understands the process. At Cianci Law, our expertise in these areas can be invaluable. We can help you understand how guardianship works, the responsibilities involved, and how to obtain or end one, depending on your needs. Whether you are seeking a guardianship or trying to get one removed, contact us today.

Practice Areas





Family Law

Family Law



Stepparent Adoption

Stepparent Adoption

Estate Planning



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