Archive for the ‘Guardianship’ Category

Are There Limits on the Rights of Grandparents in California?

In California, grandparents may have rights when it comes to visitation or custody of a child. Under the state’s laws, a grandparent is permitted to ask the court for reasonable visits with a grandchild in their life. However, the court must first find that there is a pre-existing relationship between the child and grandparent, and… Continue reading →

If the Parents of the Child do not consent, can I still Establish Guardianship of the Child?

When the court is determining your guardianship, or addressing any issues involving children, the courts make their decision based on the best interests of the child. If the courts find it is in the best interests of the child, the court will grant you legal guardianship of the child. You will sign an oath accepting… Continue reading →

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How do you Establish Guardianship of a Child?

To establish guardianship of a child, you first file a petition declaring your interest in getting guardianship of the child, which includes a filing fee. You will also need to file a letter of consent from the child’s parents. After you’ve filed the petition, the court will organize interviews with you, the child’s parents (when… Continue reading →

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What Do I need to Qualify to Take Care of My Brother’s Six-Year-Old?

There could be any number of reasons why a family member would need to take care of a relative’s child. Biological parents could be deployed in the military, incarcerated, or otherwise not fit to take care of a child. In this case, a relative might need to get guardianship or custody of the children. Even… Continue reading →

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When does Guardianship end?

There are instances when a guardianship is established to protect or represent a minor child – requiring someone other than his or her parents. The most common instance is during divorce and custody battles or when a child’s parents are being investigated for abuse or neglect. A child guardian can be needed temporarily or permanently,… Continue reading →

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Guardianship vs. Adoption

You might think that designating a guardian for your children is the same as asking someone to adopt them. Legally, the two concepts are very different. While one gives an individual the responsibility to act as a temporary parent of a child, the other permanently relinquishes the rights and responsibilities of a child’s biological parents…. Continue reading →

Unmarried Parental Rights

As a parent, you have certain rights and responsibilities in the care and upbringing of your children. However, when you are unmarried, unique challenges may arise – your rights are not the same as married couples. When the couple is not married, the unwed father is not automatically presumed to be the biological father –… Continue reading →

Is Guardianship right for you?

As if you don’t have enough going on in your life, you have been asked to take on the role of guardian to an elderly family member. A chronic illness or dementia might make it impossible for your family member to continue to take care of his or her own personal and/or financial affairs. Guardianship… Continue reading →

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Visitation rights for grandparents

At the Law Office of Amy Montes, we can help grandparents obtain visitation or custody of their grandchild or grandchildren. As with most custody and visitation cases, the Court is primarily concerned with the best interests of the children involved. Therefore, if you are the grandparent of child that is in an unstable living environment… Continue reading →

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What is guardianship?

A guardianship gives an individual the legal authority to have custody of, and protect and manage the assets and property of another. A guardianship can be over an estate, a person or both.  It can be set up to be temporary, limited, or indefinite.  Guardianships are usually created in the case of an elderly person… Continue reading →