Temecula, CA asked in Divorce for California

Q: Going through a divorce. We both have legal guardianship of my great niece. Do I put her on my divorce papers?

She is not adopted but we have had her for 10 years.

Related Topics:
1 Lawyer Answer

A: You don't list her on the divorce as your child because she isn't. You are only the guardians. You should still let the divorce judge know by listing the fact that you are the guardians on the "other" box on your divorce papers. The judge in the divorce needs to know the whole story even though no child custody or child support orders will be made for your niece in the divorce. However since you both have legal guardianship, you need to file papers in the guardianship case to let the judge in the guardianship know that you are splitting up. It is likely that since you will not be living together anymore that the guardianship judge will change the guardianship order so that only one of you will remain the guardian.

When you ask a question online, like here, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find out all the important details of your story. Getting all the details is very important because it will make a big difference in the legal information given to you. It is strongly recommended that even if you get a response here on Justia, that you also talk to an attorney. Many have free first interviews. Even if you have to pay, it is worth it because you talking to a professional who is going to focus on you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.