Guardianships Attorney in Bakersfield, CA

Guardianship of the Person & Estate in Kern County

Guardianships provide legal authority for a non-parent to care for a minor child when parents are unable or unwilling to provide proper care. The guardian gains custody of the child and assumes parental responsibilities, including making educational, medical, and other important decisions. 

Guardianships differ from adoption because parental rights are not terminated; parents retain theoretical rights but cannot exercise them while the guardianship remains in effect. Guardianships typically continue until the child turns 18, though they can be terminated earlier if circumstances change.

The Gorski Firm helps families seeking to establish guardianships in Kern County. We can guide you through the court process, prepare necessary petitions and documents, and represent you at hearings to obtain guardianship orders that protect the child's welfare.

Are you caring for a child whose parents are unable to provide proper care? Call (661) 768-1441 or contact us online. Our guardianship attorney in Bakersfield can help you establish guardianship to provide stability and legal authority.

When Is Guardianship Necessary in California?

Guardianships may be needed when parents are unable to meet their responsibilities.

Situations such as incarceration can leave children without appropriate care, requiring relatives to step in. Substance abuse issues that prevent a parent from providing a safe environment often lead grandparents or other family members to seek guardianship. Mental health challenges or disabilities that interfere with parenting can also create circumstances where another adult must assume responsibility. 

Military deployment may require temporary guardianship arrangements when one or both parents are serving and unable to care for their children. Guardianship may also be necessary when parents are absent or unwilling to parent, prompting relatives to pursue a legal solution to provide stability. 

We can help determine whether guardianship is the appropriate legal path for your situation and prepare the required petitions. Our team can also discuss alternatives, such as temporary custody orders, when a full guardianship may not be needed.

Filing for Guardianship in Kern County: What to Expect

Establishing guardianship begins with filing a petition in the Kern County Superior Court Probate Division. The petition identifies the proposed guardian, describes the child, explains why guardianship is necessary, and states whether it should be of the person, the estate, or both. Guardianship of the person grants authority over the child's care and custody. Guardianship of the estate grants authority over the child's money and property.

Notice must be given to the child's parents, alleged fathers, and relatives. Parents can object to the guardianship or consent to it, simplifying the process. Investigation by court staff occurs in most cases, with the investigator interviewing the proposed guardian and visiting the proposed home. 

We can prepare your guardianship petition and manage all required notices. Our team can also guide you through the court investigation process and represent you at the guardianship hearing.

What Are a Guardian's Responsibilities in California? 

Guardians assume substantial responsibilities similar to those of parents. 

The guardian must provide for the child's physical care, food, clothing, and shelter. Educational decisions and medical care decisions require guardian consent. Financial management responsibilities apply when the guardianship includes guardianship of the estate, requiring prudent asset management and court accountings.

Guardianships end automatically when the child turns 18, marries, is adopted, or dies. The court can also terminate guardianship before these events if circumstances change. Parents who resolve the issues that necessitated guardianship can petition for termination and resumption of custody. Guardians can also resign with court approval. 

Part of our job is to help you understand your ongoing duties as guardian and assist with required court accountings. Our team can also represent you in termination or modification proceedings when circumstances change.

Do you need to modify or terminate a guardianship? Call (661) 768-1441 or contact us online. Our guardianship attorney in Bakersfield can represent you in guardianship modification proceedings.