How can a guardianship be terminated under California law?

19 Mar How can a guardianship be terminated under California law?

Guardianship of a child may be awarded to a relative of the child if the California family court finds that the biological parents are incapacitated or have died. In such cases, the legal guardian has the right to make all medical, educational and legal decisions on behalf of the child to aid in the child’s well-being.

In most cases when the child reaches 18 years of age the guardianship ends, unless continued guardianship is deemed necessary. Guardianship may also conclude if the child is emancipated by the legal system. Furthermore, when the child put under guardianship enlists in the military or gets married, guardianship may be terminated.

In certain cases, the court may also find it in the best interest of the child to terminate the guardianship agreement. The court may be petitioned for termination of the guardianship agreement in certain situations as well. Such a petition may be filed by the child himself, or even the biological parents of the child. In some cases the guardian may also express his wishes to voluntarily resign from guardianship.

In such cases, most petitioners tend to get more information about the California legal procedures, which may be tricky and complex, considering the various factors under consideration by the courts. The court may look into various aspects regarding the case to evaluate whether a termination of guardianship would be in the best interest of the child. In such cases, the child’s own wishes may also be looked into and taken under consideration by the family court judge.

Source: Courts.CA.gov, “Ending a guardianship,” accessed on March 12, 2015

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