Legal Question in Family Law in California
can parents sign guardianship to another family member without going to court. (in California)
My daughters father and myself would like to give guardianship of our daughter to my sister, so she can continue to attend her high school. Her father can't provide for her and I live in a different part of the county and would not be able to keep her in the same school.
How can we do this?
2 Answers from Attorneys
The simple answer is yes, although some places may not give it the legal weight that it deserves. I am attaching a link for you for a California Caregiver's Affidavit. This should provide for what you need. But remember, it is NOT a court order, so it is not enforceable were the parents to come back to you and insist on getting back their child. Good luck!
http://www.saccourt.ca.gov/forms/docs/pr-023.pdf
The link that Mr. Schneider provides is what is called an emergency care giver affidavit. It is used in emergencies when one parent or both parents are going to be unavailable and leave their children in the care of someone else.
As far as guardianship goes, it cannot be signed over, and a court order is necessary to appoint a guardian.
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