Rizio and Nelson California Law Blog

There are many reasons for becoming a legal guardian of a child. Perhaps the child was neglected, or the parents have been arrested or hospitalized for a long term stay. Whatever the reason, a social worker has advised the courts of the problem, and a judge has decided that it is no longer safe or appropriate for the child to live with the parents. Often, the new legal guardian is a relative of the child, such as a grandparent, sibling, aunt or uncle, or family friend. Most of the time it is a person who knows the child and that the child is comfortable with.

Legal guardians have many of the same responsibilities as parents, such as deciding where the child will attend school, and what health care the child will/should receive. They can give permission for the child to join the armed services, get married, or get their driver’s license. Another similarity is that they can receive child support from the biological parent(s), because they are still financially responsible for the child. Guardians may be asked to adhere to visitations set up with siblings or parents, depending on what the judge orders in an individual case.

Guardianship also involves monitoring the behavior of the child, just as a parent would. If the child breaks the law, the legal guardians will be held accountable for their rehabilitation. Depending on what the child did, the guardian could also be sued. Be sure you understand all of the implications of becoming a legal guardian before you commit to it.

Remember that guardianship is mainly about the custody of the child and where the child lives. A judge can end a guardianship by returning the child to his or her parents, or by appointing another guardian. When the child turns 18, he or she is legally an adult, and the guardianship therefore ends.

Being a legal guardian can be a rewarding experience. The responsibility of the life of a child is not to be taken lightly. Get sound legal advice from experienced attorneys. Contact the professionals at the Law Offices of Rizio and Nelson to set up your free initial consultation. We are here to meet your needs 24 hours a day and 7 days a week.