San Diego, CA asked in Family Law for California

Q: If I have custody of my child and father dies, we cannot find will, why do I have to file for guardianship for her?

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1 Lawyer Answer
Linda Calderon Garrett
Linda Calderon Garrett
  • Fairfield, CA
  • Licensed in California

A: Noticed this question has not been answered, so thought I would respond if the question is still relevant. First, not sure why you feel you need to file for guardianship of your daughter. Sounds like there might be a few issues going on that you are not identifying in this question. For example, if you lost legal cusody of your child and someone else is your daughter's legal guardianship (which is why you are in probate court), this might be a reason why you would be in front of probate judge, instead of a family-court judge.

If you have not resolved your issue, I strongly recommend you speak to attorney. Many attorneys can provide 20-30 free consultations to, at the very least, point you in the right direction. Good luck.

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