Legal Question in Family Law in California
Guardianship of sister
my mom past away four years ago and my little sister (now 12) has been living with me. her father agrees to her living here but does not want to grant me guardianship of her. this makes it difficult to enroll her in school or get medical information. What would i need to do to file for guardianship. do i need her fathers permission or can i get it without one. Her father does not have an address or a phone # the only time we can speak to him is when he calls to speak with my sister. a friend said i should be able to get legal guardianship without his permission because of abandonment. is this true? thanks
1 Answer from Attorneys
Re: Guardianship of sister
The legal standard for the granting of a guardianship is: "Is it necessary and convenient?" A guardianship can be granted against a biological parent's wishes. But, of course, the court will give strong consideration to the father's input.