CALIFORNIA FAMILY LAW
...Custody and Visitation
......Guardianship
9 Cards On This Topic:

Order terminating guardianship reversed as truncated hearing deprived guardian of meaningful opportunity to object, and kept the court from fully considering whether termination was in Cs' best interests.

Trial ct. erred in determining GPs did not qualify for guardianship under "stable placement" of FC 3041(c) because Cs were not abandoned to them; rebuttable presumption established to be argued on remand.

Abuse of discretion to order filing of W&IC 300 petition without considering whether it was necessary to protect C, and error to deny mother's motion akin to a demurrer challenging petition where C was in stable guardianship.

Juvenile ct. not required to refer case to county child welfare agency prior to issuing GPs’ guardianship order where parents stipulated to the guardianship after participating in mediation.

Mother's interest in appointed counsel to oppose guardianship petition did not outweigh the presumption that due process guarantees appointed counsel only where loss of liberty is threatened.

Results of a CPS investigation were adequately reported to court investigator and included in his report to prob. court—PC 1513(c) doesn't require written report from CPS to court.

Probate court should have referred case to CPS where guardian's allegations about potential F's parenting deficiencies amounted to a charge that he was an unfit parent.

Petitioner seeking guardian of octuplets' estates lacked standing; petition dismissed where he did not make showing of financial misconduct by mother, nor alleged information warranting court intervention in family's finances.

Once court found granting custody to F would be detrimental and granting custody to nonparents would be in C's best interest, it should have granted guardianship petition.