There are several reasons why a person may gain guardianship of a minor child. Guardianship itself is when a court orders that someone other than a child’s parents have custody and/or control of the child’s estate. To gain that right, a potential guardian must petition a probate court to issue an order appointing him or her as guardian. However, that appointment will not last forever, and there are different ways the guardianship can end.
Within the state of California, there are three events that will automatically end guardianship of a minor. The first event is when the child turns 18 years of age. The second event would occur when and if the child got married, was adopted, entered the military, or became emancipated. Third, if a child under 18 becomes deceased the guardianship is ended.
In addition to these three qualifying events, a court may order a guardianship to end at any time. In order for this to happen, one of three people must request that the court grant such order. Those people are the child if he or she is over 12 years old, the parents of the child, or the guardian himself. In some cases, a guardian will request permission from the court to resign. If no replacement is made, the child may become a dependent of the juvenile court and be appointed a Guardian ad-litem.
A probate attorney can assist in preparing a petition to request that a guardianship be ended. The petitioner, regardless of who, will need to prove to the court that removal of the guardianship would be in the child’s best interests, and that a stable, good home will be provided going forward.