Guardianship of Minor

A guardianship of minor action is a legal action whereby an adult who has physical custody of a minor child, or an adult appointed by the parents may obtain rights to legally supervise and care for that child on a temporary or permanent basis. Except where a guardianship is filed in conjunction with a legal dependency matter, it is preferable that both parents must either consent to a guardianship or not oppose the guardianship to ensure that the Court will order same. Where the parents contest a guardianship action, it can be extremely difficult to obtain a guardianship order as the standard of proof is quite high. A guardianship action may also involve a Conservatorship if the minor who needs care and supervision has financial resources that must be protected and controlled.

A guardianship action for a minor is filed in the juvenile court system unless it involves a conservatorship. When there is the necessity of a conservatorship due to funds that the minor child holds, the action will proceed in the probate court.

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