Legal Question in Family Law in California
Is it possible to apply for guardianship of a minor in Probate court if a custody case already exists in Family court?
Asked on 12/14/11, 1:38 am
3 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
It depends. You don't provide very much information. Is one or both of the parents deceased? Has parental rights been terminated as to a surviving parent? Who all is involved? Who has filed the petition for guardianship, or wants to file the petition for guardianship?
Answered on 12/14/11, 3:32 pm
Michael Schneider
Family Law Center
The simple answer is yes. Often people file in probate for a guardianship because in the family law matter the parents cannot take care of a minor. Then, the guardianship takes precedence.
Answered on 12/14/11, 5:24 pm
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