When a court orders someone other than a parent to take care of a child, they grant what is called guardianship. In California law guardianship means this person will take custody of the child, or will manage the child’s property (their estate – legal term), or both. There are a number of reasons why this might occur so let’s get into some details and break it all down for you. 

All too common problems also include a sole parent who is sent to prison, is abusive to their children, or has a drug addiction problem. The courts realize this is a horrible problem for the kids. If the parent goes to prison the court attempts to find a relative that can care for the child, sometimes they do, sometimes they don’t.

Perhaps you are beginning to see the complexity of family court and the need for guardianship law. Sometimes there are cases when the minor child is nearly an adult, and can be deemed an adult by the courts. The challenge is that the minor may still be in school, and cannot get work or support themselves quite yet, or may soon be off to college.

CPS or Child Protective Services will get involved in cases of abuse, drug addiction, or severe neglect. As the name implies, it’s about helping the child and preventing harm. This includes their emotional and their physical self. 

It’s important not to confuse guardianship with adoption. In guardianship the parents still have rights and can request visitation. This may come with court ordered supervision. In adoption, the parents’ rights to their child have permanently ended or have been completely surrendered. The adoptive parents’ legal relationship becomes the same as if they were the birth parents which even includes inheritance. The court no longer supervises the adoptive families.

Let’s say the parents or a parent dies, someone will have to take care of the child or the children. Sometimes another family member can step in, and the court can designate them the new guardian on a temporary basis, supervise occasionally, and then later recommend for permanent adoption. Or, the court can agree to permanent adoption immediately depending on the circumstances.

Perhaps a godparent or a neighbor agrees to take custody – the courts will look at that person and see if it is in the child’s best interests. The court is interested in the child’s safety, welfare, and future. Based on the recommendations and the desires of the agreeing new parents the court will make a determination.