A guardianship is a court proceeding whereby the court appoints someone – other than the child’s parent – to have custody of the child or to manage the child’s finances, or both. This may be necessary when a child is orphaned, abandoned, or is otherwise not being adequately cared for by the child’s parents, or if the child receives property through a gift or inheritance. The guardianship may also be needed when the grandparents or other relatives are raising a child until the parents can resume their roles. A guardianship is not the same as adoption, and in California you must be appointed by the Superior Court to be a guardian.

If Child Protective Services (CPS) is involved, the guardianship proceeding may be handled through the juvenile court, rather than a probate guardianship procedure.

A guardianship proceeding is started by filing a petition asking that a guardian be appointed for a child. When the petition is filed, the court will set a hearing date. The person filing the petition (called "the petitioner") is required to provide notice and a copy of the petition to everyone who is legally entitled to notice. Such persons include the child's parents, grandparents, and anyone else the court may determine is entitled to notice on a case-by-case basis. If notice is not provided as required by law, the court may deny the petition.

Before the court hearing, the court will assign an investigator to review the situation and make a report to the court. The investigator interviews everyone in the situation, including the parents if they are available. The probate court staff also checks to see if the proposed guardian or any other adults in the household has a criminal background or has been involved in child abuse or neglect. The investigator then writes a confidential report for the judge and gives a copy to the attorney who is representing the proposed guardian. The parents or other relatives receive a copy of the report if they file objections to the proposed guardianship. The judge may decide to appoint an attorney to represent the child – especially if anyone objects to the appointment of the proposed guardian.

The proposed guardian and the child must attend the hearing. If the court determines that appointment of a guardian is in the child's best interest and that the proposed guardian is suitable and qualified to serve as such guardian, the court will generally grant the petition.

No. Everyone has a right to represent him or herself before the court. However, guardianship proceedings can be complicated, especially if an interested party objects to the proposed appointment. Generally, a petitioner's interests are best served by retaining a qualified attorney who is experienced in guardianship procedures.

Guardians of the person generally have the same authority as the natural parent to made decisions regarding the child's medical care, living arrangements, and education. A person who is also appointed as guardian of the estate has the authority to manage the child's property and finances.

If a child has property, the probate court may approve payment of fees to the guardian for the services the guardian provides to the child, to be paid from the child's property. Payment can only be made after the guardian files a petition with the court, documenting the time the guardian has expended providing services to the child. The guardian must explain in the petition the nature of the services and explain how the services benefited the child. The court will determine the amount of compensation the guardian is entitled to receive from the child's property. If the child has no property, the guardian will generally not be paid for his or her services.

Yes. A court investigator periodically contacts the guardian and child and files reports with the court. If the guardian has been authorized to manage the child's property, the guardian will be required to file accountings with the court, detailing how the guardian has managed the child's finances.

Guardianships end when the child reaches the age of 18, or earlier, if the court determines that terminating the proceedings is in the child's best interest.