Simi Valley Adoption & Guardianship Lawyers

Why Hire an Attorney for an Adoption?

You may wonder why you would want to hire an attorney for adoption, especially when you can technically complete the process without one. First and foremost, a lawyer like ours at Dallara Law can be a resource as you encounter and work to overcome any challenges. Ours is a team of problem solvers who revel in the opportunity to help clients get through setbacks, so that nothing stands in the way of uniting their families through adoption. 

Additional significant reasons to hire a lawyer for your adoption:

• Assistance with crucial paperwork and documentation that minimizes the chances of errors or omissions
• Help obtaining your adopted child’s birth certificate as soon as possible 
• Counsel and advocacy should someone contest the adoption 
• Direction on what support is legally allowable to give a birth parent 

To learn more about adoption and the assistance our firm can provide, reach out to arrange a free consultation. 

How to Establish Guardianship 

To become a guardian, you must go through this process:

1. Petition to become a guardian: This requires filling out and submitting numerous documents to the county court where the child lives.
2. Giving notice to relatives: You must have a copy of your court papers delivered to the child’s parents and other close relatives.
3. The investigation: The county court handling your case will assign an investigator to interview you and perform a background check. The investigator will then submit a report to the county court.
4. Court appearance: You must appear before a judge to answer questions about your guardianship petition and why you believe it is necessary for the child to be in your custody. The judge will then determine whether to deny or grant guardianship.

Types of Guardianship 

Under California law, there are two primary types of guardianship: guardianship of the person and estate. Guardianship of the person grants you the power to make decisions on behalf of a child's medical care and education, among other things. Guardianship of the estate gives you the ability to manage a child's property or assets. You can serve simultaneously as guardian of the person and estate. However, courts can appoint separate individuals to fulfill these roles. 

Temporary vs. Permanent Guardianship

It is important to also note that guardianships may be temporary or permanent. Temporary guardianship is often necessary in situations where a parent is unable to care for their child for a certain period due to illness, military deployment, or other reasons.

Courts can grant permanent guardianship in cases where parents’ rights have been terminated or they voluntarily agree to it. The same applies if parents pass away. In these situations, guardians generally have full legal custody of a child until they reach adulthood.