Guardianship To Custody Transition

Summary

Jamie, currently a guardian, can file for custody in family court to gain full parental rights, including medical decisions. Guardianship is granted by probate court and may lack full parental rights, while custody is granted by family court and includes these rights. To transition, Jamie should prepare and file custody forms, detailing why the change is in the childs best interest, and attend a court hearing. Laurie and Josh, the biological parents, must be notified of any emergency petitions. An emergency petition can be filed to amend guardianship orders for urgent medical needs.

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my sister, laurie, and her husband, josh, signed over guardianship of their daughter at birth of their daughter because she was born with methamphetamine in her system and didn’t want her put into foster care in california. the judge granted the guardianship but said it was permanent until she’s *, however, the final orders do not show jamie can make any medical decisions or handle any funds. the baby is a year old now and has a disability and needs medical treatment. the hospital says jamie needs to have the paperwork corrected but laurie and josh now want to terminate the guardianship. how can jamie remedy the situation

Julie, Jamie can file a petition in the court to amend the guardianship orders to include the authority to make medical decisions and handle funds. Laurie and Josh can also petition to terminate the guardianship if they can prove they are now fit to care for their child.
Which option would they prefer to pursue?

is there such a thing as an emergency petition

Yes, there is something called an emergency petition. It allows for urgent matters to be addressed by the court quickly. Given the medical needs of the child, an emergency petition to amend the guardianship orders can be filed.
Would you like more information on how to file an emergency petition?

yes

~ How to File an Emergency Petition in California ~

*. Prepare the necessary forms: Obtain the specific forms for filing an emergency petition from the California court's website or local courthouse.
*. Complete the forms: Provide detailed information on the child's medical needs and why the amendment is urgent.
*. File the forms: Submit the completed forms to the court clerk.
*. Attend the hearing: The court will schedule a hearing to address the emergency petition. Be prepared to present evidence and arguments.
Would you like details on the required forms or the nearest court location?

yes

Case Rating: *.

~How to File an Emergency Petition in California~
*. Prepare the necessary forms:
- Obtain from the California court's website or local courthouse.
*. Complete the forms:
- Detail the child's medical needs and urgency.
*. File the forms:
- Submit to the court clerk.
*. Attend the hearing:
- Present evidence and arguments.
Would you like details on the required forms or the nearest court location?

yes

~How to File an Emergency Petition in California~
*. Prepare the necessary forms:
- Obtain from the California court's website or local courthouse.
*. Complete the forms:
- Detail the child's medical needs and urgency.
*. File the forms:
- Submit to the court clerk.
*. Attend the hearing:
- Present evidence and arguments.
For details on the required forms or nearest court location, please visit the California courts' official website or contact your local courthouse.
Would you like assistance with locating specific forms or contact information for your local courthouse?

will laurie and josh have to be notified?

Yes, Laurie and Josh will likely need to be notified as they are the child's biological parents and original guardians. Their input and presence may be necessary for the court to make an informed decision regarding the emergency petition.
Would you like information on how to notify them properly?

yes

~How to Notify Biological Parents of an Emergency Petition in California~

*. Prepare Notice Forms:
- Obtain notice forms from the California court’s website or local courthouse.
*. Complete the Forms:
- Provide details about the emergency petition and the scheduled hearing.
*. Serve the Notice:
- Ensure that Laurie and Josh receive the notice through a process server, certified mail, or personally.
*. File Proof of Service:
- Submit proof to the court that Laurie and Josh were properly notified.
Would you like details on obtaining and completing the notice forms?

what’s the difference between the guardianship jamie has than if they had gone through family court for custody

Guardianship vs. Family Court Custody:
- Guardianship: Granted by probate court; allows a non-parent to care for a child. It can be permanent but often lacks full parental rights, like medical decisions or handling funds.

- Custody: Granted by family court; typically involves parents and includes full parental rights, including medical and financial decisions.
Do you need more detailed differences or examples of specific forms?

yes

Guardianship vs. Family Court Custody:
- Guardianship: Probate court grants it, typically to non-parents; it can be permanent but often lacks full parental rights (medical decisions, handling funds).

- Custody: Family court grants it to parents, includes full parental rights (medical and financial decisions).
Would you like more detailed differences or examples of specific forms for either process?

if a guardianship is in place can she file for custody in family court

Yes, Jamie can file for custody in family court even if a guardianship is in place. She would need to demonstrate that a change in custody is in the child's best interest. Would you like more information on how to proceed with filing for custody?

but doesn’t she technically have custody now

Jamie has guardianship, which is different from custody. Guardianship allows her to care for the child but may not include full parental rights like making medical decisions. Filing for custody in family court can grant her those rights.
Would you like more information on how to transition from guardianship to custody?

yes

~How to Transition from Guardianship to Custody in California~

*. Prepare the necessary forms:
- Obtain custody forms from the California court’s website or local courthouse.
*. Complete the forms:
- Provide detailed information about the child's current guardianship status and why a change to custody is in the child’s best interest.
*. File the forms:
- Submit the completed forms to the family court clerk.
*. Attend the hearing:
- Be prepared to present evidence and arguments demonstrating that custody by Jamie is in the child’s best interest.
Would you like details on the required forms or assistance with the filing process?

Guardianship To Custody Transition

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