Bakersfield Probate Court

Guardianship

Bakersfield Guardianship Attorney

Guardianships in California are very complicated and embody its own set of laws under the California Probate code. Case law also borrows from the Family Code. Many people are confused and believe Guardianships are a custody proceeding, which is not true. Guardianships can be of the person, estate or both. Guardianships are filed by non-parents in Probate Court who are seeking the authority to care for a minor child. A Guardian steps in the shoes of the parent, and they become officers of the court, like an attorney.

Under California law, the court can appoint a legal guardian to make decisions on behalf of minor children or even an incapacitated adult. Relatives and unrelated parental figures can obtain legal guardianship over a minor child if doing so is proven to be in the child’s best interest. If the grant of guardianship would interfere with the rights of the child’s living parents, the court must determine whether custody of the child would be harmful to the child’s safety and well-being.

At Canaday Family Law, we can help you navigate through the following guardianship issues:

  • Temporary and general guardianship
  • Minor children guardianship
  • Parental rights litigation
  • Incapacitated adult guardianship
  • Disability and incapacitation hearings
  • Terminating guardianship

Many times, Guardianship cases are contested proceedings and need the experience of an attorney. It’s very important to prepare and litigate the case properly since a petitioner may not have a second chance.

If you need help with the guardianship of a minor in Bakersfield, you need a Probate and Family Law attorney with experience who cares about the outcome of your case. Jim Canaday is a Probate and Family Law attorney experienced in guardianship cases in Bakersfield. Call today at (661) 328-1910 to schedule your Consultation.

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