Legal Question in Family Law in California
Guardianship for child after parent dies
My mom is married to my stepdad, whose name is not on my birth certificate. My mom recently passed away, according to the Children's Status Bill, would my stepdad then automatically be my legal guardian? I am trying to apply for a passport, but they are giving me a hard time. I am traveling within two weeks, and filing for legal guardianship court order takes a month. Is there any way I can bypass going through and getting a court order by the Children's Status bill? I am 16.
1 Answer from Attorneys
Re: Guardianship for child after parent dies
In California, there is no automatic person who is the guardian. Someone has to make an application to the court, it is possible to have the guardianship issued "ex parte," that is on an emergency temporary basis pending a full determintion of the issue, and that can take place in basically 24 hours. The passport is a separate issue, you can try to expedite issuance of the passport too, but 2 weeks, I don't know, especially where at best you can get the guardianship in place by tomorrow.
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