Oakland, CA asked in Child Custody and Family Law for California

Q: How can I secure guardianship for my son after his guardian passed away, and find legal representation in California?

I currently have parental rights for my son, but his guardian recently passed away. I wish for my old foster mom, who already has custody and guardianship over my other son, to be the guardian of my son as well. However, my biological family, which includes the family of the deceased guardian, wants to keep my son in their care despite our strained relationship. While we have filed a petition, and I've communicated with both of my children's attorney, I still need legal representation for myself. What steps should I take to support my petition for my old foster mom to become my son's guardian, and how can I secure an attorney to represent my interests in this matter?

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1 Lawyer Answer
James L. Arrasmith
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A: In California, to secure guardianship for your son after his previous guardian's passing, you need to continue pursuing the petition you've already filed with the probate court. This petition should clearly outline why your foster mother would be the most suitable guardian, emphasizing the stability this would provide by keeping siblings together and highlighting any existing positive relationship between your son and your foster mother. The court will prioritize the best interests of your child, considering factors such as continuity of care, stability, and emotional bonds.

Finding appropriate legal representation in this matter is crucial to navigate the complexities of guardianship proceedings. The California State Bar Association offers a referral service to connect you with attorneys who focus on family and guardianship law. Additionally, legal aid organizations like Legal Services of Northern California or the Legal Aid Foundation of Los Angeles provide assistance with guardianship cases, often at reduced rates based on income qualification. These organizations can help you prepare for court hearings and develop compelling arguments for your case.

To strengthen your petition, gather documentation demonstrating your foster mother's parenting capabilities, including her successful guardianship of your other son, her stable home environment, and financial ability to support both children. Prepare evidence showing the strained relationship with your biological family if relevant, and obtain statements from professionals who can attest to your foster mother being the preferable guardian. The court may appoint an investigator to evaluate the situation, so maintaining open communication with your children's attorney and promptly addressing any concerns raised during investigations will bolster your position in these proceedings.

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