Probate Court Guardianships

What will I learn about probate court?

This section goes into TWO DIFFERENT SCENARIOS about probate guardianships:

    If you were formerly incarcerated and now want to END a probate guardianship set up for your child by someone else while you were away.
    If you were formerly incarcerated and want to BECOME the probate guardian of someone else’s child, and have questions about how your record will impact your ability to do so.

Note: A parent would never become the guardian for his or her own child—only a non-parent becomes a “guardian” for someone else’s child.[2381]

If Child Protective Service (CPS) is involved in the child’s case, you probably have to go to juvenile dependency court. See PG. 747 to learn more.

  1. 2381

    Cal. Prob. Code § 1514(b)(2).

  1. What is probate court?

  2. Why would I have to go to probate court to reconnect with my child or grandchild?

  3. CHART: How is guardianship different than adoption or foster care?

  4. Scenario 1: Reconnecting with your Child in Probate Court

    1. Why would I go to probate court to end a guardianship?

    2. If I have been incarcerated and someone else is the guardian of my child, what are my legal rights as a parent?

    3. How can a judge’s decision in probate court affect my rights as a parent?

    4. How will a judge in probate court decide if I get custody or visitation with my child?

    5. Are there convictions that will automatically ban me from reconnecting with my child in probate court?

    6. What can I do to reduce the weight the judge gives my criminal record?

  5. Scenario 2: Becoming the Probate Guardian of Someone Else’s Child When You Have a Record

    1. What is a legal guardian?

    2. Who can be a legal guardian?

    3. How can my criminal record affect my chances of being appointed as a guardian in probate court for someone else’s child?

    4. What can I do to show the probate court judge that custody or visitation with me is in the “best interest of the child”?

    5. What are some alternatives to becoming a guardian through the probate court?

    6. How could the probate court help me financially take care of someone else’s child?