What is the standard for grandparents to be awarded guardianship of a grandchild?

In California, a grandparent may be awarded guardianship of a grandchild if both of the child’s parents are either dead, unknown, out of the state, or non-functioning and unfit to care for the child. The court must determine that the grandparent is qualified and capable of providing the child with proper care. Further, the court must decide if it is in the best interests of the child for the grandparent to be appointed as guardian. The court must also consider whether the grandparent is a fit and proper person to be a guardian for the child, and whether the child will benefit from being placed with the grandparent. Factors such as the grandparent’s physical and mental health, their relationships and ties to the child, and the grandparent’s lifestyle and moral values are all taken into consideration. Additionally, the grandparent’s financial resources and ability to provide the child with basic needs may be considered by the court. The California Grandparents’ Rights Law allows a grandparent or other family member to request guardianship of a grandchild in certain cases. The standard for being appointed as guardian is based on the best interests of the child, and the court must consider all relevant factors in determining the grandparent’s suitability and ability to provide the grandchild with proper care.

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What is the standard for grandparents to be awarded guardianship of a grandchild?

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