Legal Question in Family Law in California

If a parent does not contest a guardianship proceeding, is it better to have the parent nominate the guardian or have the guardian file the petition? Does it matter? Does it change the steps of the proceedings at all?


Asked on 12/20/10, 5:16 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

It does not matter who nominates a guardian. However, it is more expeditious if the parents consent to the guardianship and waive notice of the hearing to establish the guardianship. The issues that delay guardianship are service of notice problems. Eliminating the need to serve essential parties makes the process flow earier.

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Answered on 1/02/11, 10:35 pm


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