How do I get legal guardianship of a child in California?

What the law says

Probate Code section 1510(a): “A relative or other person on behalf of the minor, or the minor if 12 years of age or older, may file a petition for the appointment of a guardian of the minor.” Under section 1510(b), the petition must “state that the appointment is necessary or convenient.”

Section 1514(a): “Upon hearing of the petition, if it appears necessary or convenient, the court may appoint a guardian of the person or estate of the proposed ward or both.” In appointing a guardian of the person, section 1514(b)(1) applies the Family Code custody rules that begin at sections 3020 and 3040, and section 1514(b)(2) says that, except as provided in sections 1510.1 and 2105, a parent may not be appointed guardian of the person of their own child.

The courts’ self-help guide: “A guardianship is when an adult, who is not a child's parent, is legally responsible for the child's care because the child's parent is unable to care for them.” It adds that the court stays involved until the guardianship ends.

• Probate Code section 1510 (leginfo.legislature.ca.gov)
• Probate Code section 1514 (leginfo.legislature.ca.gov)
• California Courts self-help: probate guardianships in California

What to do next

The self-help guide’s list of starting forms includes the Petition for Appointment of Guardian of the Person (form GC-210(P)), or form GC-210 if you also ask to manage the child’s estate; a Child Information Attachment (form GC-210(CA)) and an Indian Child Inquiry Attachment (form ICWA-010(A)) for each child; the UCCJEA declaration (form FL-105/GC-120); a Confidential Guardian Screening Form (form GC-212) from each proposed guardian; the Notice of Hearing (form GC-020), with a Proof of Personal Service (form GC-020(P)) for relatives who must be served in person; the Duties of Guardian (form GC-248), signed by every proposed guardian; and the Letters of Guardianship (form GC-250) and the order appointing a guardian (form GC-240), with only the caption filled in. Some courts also require a Consent of Proposed Guardian (form GC-211). It says a decision takes at least a month, usually longer, and that in an emergency you can also ask to be appointed temporary guardian, but not by itself.

• California Courts self-help: start a guardianship case
• Form GC-210(P), Petition for Appointment of Guardian of the Person, Rev. July 1, 2016 (PDF)
• Form GC-210, Petition for Appointment of Guardian of Minor, Rev. July 1, 2016 (PDF)
• Form GC-210(CA), Child Information Attachment to Probate Guardianship Petition, Rev. January 1, 2022 (PDF)
• Form GC-212, Confidential Guardian Screening Form, Rev. July 1, 2009 (PDF)
• Form GC-020, Notice of Hearing (Guardianship or Conservatorship), Rev. July 1, 2005 (PDF)
• Form FL-105, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Rev. January 1, 2025 (PDF)
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