How does a grandparent apply for partial or full guardianship of a grandchild?
In California, grandparents can apply for a Partial Guardianship or Full Guardianship of their grandchild. To apply, both the grandparent and grandchild must be living in California. If the grandparent is not physically present in California, they can designate a California resident to assist in the process. First, the grandparent will need to obtain a Petition for Appointment of Guardian form from the court. The form must be filled out completely, including all required documentation, such as a copy of the grandchild’s birth certificate and a doctor’s certificate of their current physical and mental status. This form will be filed with the court clerk. Once the petition is filed, the grandparent needs to arrange a hearing. The grandparent and any witnesses must be present at the hearing, and the grandchild must be present if they are 12 years old or older. At the hearing, the court will hear testimony and question the grandparent, the grandchild and any other witnesses. The court will then decide if the guardianship is in the best interest of the grandchild. Once the court has granted the guardianship, the grandparent must file a copy of the court order with the court clerk. This will be the grandparent’s legal proof of guardianship. The grandparent will then be legally responsible for providing a healthy and safe living environment for the grandchild and making any necessary medical and educational decisions on their behalf.
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