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.

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1 Lawyer Answer
Chris M. Bradford
Chris M. Bradford
Answered
  • Santa Monica, CA
  • Licensed in California

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.

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