California Guardianship of a Minor Petition
California guardianship of a minor is filed on Judicial Council Form GC-210 in the probate department of the Superior Court, notice of the hearing must go out at least 15 days beforehand and cannot be shortened by the court, and a temporary guardian's authority ends 30 days after appointment unless a judge extends it for good cause.
Find out where you stand in California
Where are you with the guardianship?
DocDraft provides document preparation, not legal advice.
Introduction
A California guardianship of a minor is a probate proceeding in the Superior Court for the county where the child lives. The petitioner files a Petition for Appointment of Guardian of Minor on Judicial Council Form GC-210, along with the GC-210(CA) Child Information Attachment and a confidential GC-212 screening form; a guardian of the person only may instead use the alternative GC-210(P). The court's form controls, and this is a working draft to prepare for filing, not a substitute for it. For urgent situations, a petitioner who has already filed the GC-210 petition may ask for a temporary guardian on Form GC-110. A temporary guardian's authority ends 30 days after appointment, or an earlier date the court sets, unless the court extends or shortens that period for good cause; it also ends as soon as a general guardian is appointed and qualified. This guardianship does not end the parents' legal relationship to the child and is not adoption; a parent, the guardian, or the ward may later ask the court to end it based on the child's best interest. Attorney review is available before you file.
Key Things to Know
- 1
File a Petition for Appointment of Guardian of Minor on Judicial Council Form GC-210, the statewide mandatory form, in the probate department of the Superior Court for the county where the child lives; the court's form controls over any draft.
- 2
A temporary guardian, requested on Form GC-110 after the general petition is on file, has authority for 30 days after appointment, or an earlier date the court sets, and that period can be extended or shortened for good cause.
- 3
Notice of the hearing must go out at least 15 days beforehand, a period the court cannot shorten, to the child if 12 or older, both parents, anyone with legal custody, and any nominated guardian, with mailed notice to the spouse, close relatives, and the person with actual care of the child, and notice to the county investigating agency.
- 4
A parent's nomination of a guardian gets due weight from the court. If a parent objects, the petitioner must prove by clear and convincing evidence that the child would be harmed by staying with that parent, though the standard shifts to the parent once the proposed guardian has served as the child's day-to-day parent figure for a substantial period.
- 5
A court investigation and report is required unless waived for good cause, and the county child-protection agency must screen the proposed guardian for prior abuse or neglect referrals. There is no mandatory guardian training course, but every guardian signs the Form GC-248 Duties of Guardian acknowledgment before letters issue.
- 6
This guardianship does not terminate the parents' legal rights and is not adoption; it can later be ended by court order on a parent's, the guardian's, or the ward's petition, based on the child's best interest.
- 7
A caregiver who only needs authority for school or routine medical decisions, without going to court, can use California's Caregiver's Authorization Affidavit instead of filing this petition.
Key decisions before you file
Before you file a Guardianship of a Minor Petition in California, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.
Open the Guardianship of a Minor Petition guideCustomize your Guardianship of a Minor Petition Template with DocDraft
California Requirements for Guardianship of a Minor Petition
Mandatory Petition on Form GC-210
A California guardianship of a minor is filed on Judicial Council Form GC-210, a statewide mandatory petition, with a GC-210(CA) Child Information Attachment, in the probate department of the Superior Court for the county where the child resides.
30-Day Temporary Guardianship
A temporary guardian requested on Form GC-110 after the general petition is filed has authority for 30 days after appointment, or an earlier date the court specifies, extendable or shortenable for good cause.
15-Day Notice That Cannot Be Shortened
Notice of the hearing on the general petition must be given at least 15 days beforehand to the child if 12 or older, both parents, any custodian, and any nominated guardian, and the court may not shorten this period.
Detriment Finding Required Over Parental Objection
When a parent objects, the petitioner must prove by clear and convincing evidence that placing the child with that parent would be detrimental, a burden that shifts to a preponderance-based presumption once the proposed guardian has been the child's de facto parent for a substantial period.
Confidential Guardian Screening Form GC-212
Each proposed guardian must file the confidential GC-212 screening form with the petition, and the county child-protection agency separately screens the proposed guardian for prior abuse or neglect referrals.
Duties of Guardian Acknowledgment Before Letters Issue
Before letters of guardianship issue, each guardian must sign and file an acknowledgment of receipt of the Duties of Guardian, Form GC-248; no separate mandatory training course applies to a first-time guardian.
Bond Required for Estate Guardianship Only
A guardian of the person alone generally does not need a bond, but a guardian of the estate must post a court-approved bond before letters issue unless the nominating parent waived it or another statutory exception applies.
Guardianship Does Not Terminate Parental Rights
A California guardianship does not end the parents' legal rights and is not adoption; a parent, the guardian, or the ward may later petition to end the guardianship based on the child's best interest.