In all instances with regard to Family Law in California where children are involved, the Court is always most interested in protecting the rights of the child.�Protecting a minor from abuse and neglect and establishing a guardianship is often a choice the Court will make if circumstances warrant the Court granting such an order.
For clarification: Guardianship is a proceeding in which a judicial officer gives someone who is not legally the parent of a child, custody of him/her along with the power to manage the minor child's property estate.
In extreme situations, the Court will often hold a temporary guardianship proceeding and place the child in the care of another individual other than the mother or father of the child—such as a grandparent, aunt or uncle—if there is evidence that the child is at risk.�Often, temporary guardianships stand and it takes substantial proof to reverse such an order by the Court. Since the Court wishes to protect the emotional, psychological and physical health and well being of the child, it takes all facts into consideration. When a full hearing is granted, where all parties involved with the child may be heard, the Court will then make its final determination whether the guardianship will be retained by the temporary guardian or given to another individual other than the natural parents of the child in question. Granting the care of the child and his/her estate might include another immediate family member.
When awarding a legal guardianship, the Court examines a variety of factors such as determining whether or not the existing parental custody is detrimental to the child; whether the child has suffered emotional and/or sexual abuse; the current state of the emotional stability of the parties involved; where it is the child will be safe; who the child has been living with most recently and which of the parents or family members have had custody of the children. The Court also considers matters that impact the continuity of care of the child.
Nachshin & Langlois has an impressive track record of procuring guardianships for its clients as well as helping those who wish to retain custody of his/her children do so. With an understanding of all California family laws and an aggressive approach to achieving optimal results as they pertain to guardianship, the expert team at the firm is able to provide sound counsel and a formidable presence when each of these expert attorneys appears before the Court.