Guardianship of Children

There are many situations in which guardianship of a minor may be
appropriate. There are two kinds of guardianship: Guardianship of the
Person of the minor involves custody and visitation. Guardianship of
the Estate of the minor involves the minor’s money or property. Both
kinds of guardianship are usually handled by the Probate Department of
the court, although a contested guardianship of the person will often be
transferred to the Family Court because the issues are similar to those
occurring in a divorce or paternity action.

    A grandparent or other relative may want to be appointed guardian of
the person of a child if the child’s parent has abandoned the child or
is neglecting the child for some reason such as drug abuse. Guardianship
will help protect the child from an abusive parent and make it easier for
the guardian to deal with the child’s school, health care, etc. It may also
forestall the trauma involved in removal of the child from the parent’s
home by Child Protective Services and the Juvenile Court.

    A guardianship of the estate of the minor will be necessary in many
situations where, e.g., the minor has received a settlement for an
injury or has received an inheritance. The adult (including the child’s
parent or some other person) who is appointed guardian must safekeep the
minor’s money or property and make periodic reports to the court
concerning management of the estate, until the child turns 18 years of age.

    I represent any of the persons who may be involved in a guardianship,
including the guardian, the minor child, or a relative or friend who is
opposing the guardianship. I will be happy to discuss your situation
with you and explain any rights and obligations you may have. I will
also discuss with you the potential cost of legal representation.

-Thomas Roland
tomroland@tomroland.com
(510) 841-1500
(510) 217-3589 Fax

(510) 708-7303 Cell