Orange County Guardianship: When do you need one?

Not only can an Orange County divorce attorney assist you in your divorce, paternity, child custody, child visitation, domestic violence or annulment issue, but we also assist in guardianship matters.

Generally speaking, the following four scenarios is when a party would consider filing for an Orange County guardianship:

1) Orphans: Orphans or situations in which the biological parents cannot be found would be a grounds to seek guardianship. In this scenario, petitions for guardianship are filed by members of each parent’s family.

2) Prevention of abuse or neglect: Probably one of the most common scenarios is a proceeding equivalent to a juvenile dependency in which a guardianship is needed to prevent abuse or neglect of the minor. Most of the time, both biological parents have drug abuse problems or the child may be involved in a domestic violence environment.

3) Child has resided in the home of a Nonparent Adult: Another scenario involves a child who resides in a home of a non-parent adult for so long that the child has bonded with the surrogate family.

4) Technical Change of Custody: The fourth scenario involves situations where the parties desire to change technical custody. For example, a minor may be living with her mother and her grandmother (maternal grandmother). The mother is unemployed and the grandmother will need to add the minor to her health insurance policy. In this situation, a guardianship for a technical change of custody would be appropriate.

If you have a guardianship issue or would like to explore whether petitioning the court for a guardianship is appropriate, contact an Orange County guardianship attorney for more information.