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If you’re a parent, one of your biggest concerns is what will happen to your child if you can’t care for them. Illness, injury, or unexpected events can leave them without a clear caregiver. Many families assume a verbal agreement or a will is enough, but in California, you must follow a formal legal process to appoint a guardian. Without a clear plan, relatives may disagree over who should step in, or the court could place your child in temporary foster care while it makes a decision. That can lead to delays, confusion, and stress for both your child and your family. You can avoid these problems by learning how guardianship works and taking a few practical steps now. With the right legal guidance, you can appoint someone reliable to take responsibility for your children and give your family clarity for the future. What Is Legal Guardianship in California? Legal guardianship in California is a court order allowing an adult (not the child's parent) to care for a minor, including making decisions about education, healthcare, living arrangements, and daily needs. Guardianship becomes necessary when parents cannot care for their child due to illness, incarceration, substance abuse, death, or other serious situations. Unlike informal caregiving, legal guardianship must go through the court system and meet specific requirements under California law . It may last for a limited time or continue long-term, depending on the situation. Once appointed, the guardian assumes many of the responsibilities that a parent would normally have. Guardianship does not terminate parental rights. In most cases, the child’s parents still retain some legal rights and may be allowed visitation or, in certain cases, may petition the court to regain custody if circumstances improve. Guardianship vs. Conservatorship: What’s the Difference? Guardianship and conservatorship are often confused, but they serve different purposes. Guardianship applies to minors , children under 18 who need someone to care for them when their parents are unable to do so. The guardian steps in to make decisions about the child's well-being and daily life. Courts use conservatorship for adults who cannot manage their personal or financial responsibilities due to physical or mental limitations. In short: Guardianship = for children. Conservatorship = for incapacitated adults. Understanding the Types of Guardianship in California Not all guardianship arrangements are the same. In California, the court can grant different types of guardianship based on the circumstances and urgency. Temporary Guardianship Temporary guardianship allows a person to take immediate responsibility for a child for a limited period, usually while the court reviews a longer-term guardianship petition. Families often choose temporary guardianship when a child needs care right away, for example, if a parent is hospitalized or becomes suddenly unavailable. In these cases, there may not be enough time to complete the whole legal process for permanent guardianship. The person seeking guardianship files a petition explaining the need and urgency. If the court grants the petition, the temporary guardian will be legally authorized to make decisions about the child’s care until the court holds a hearing on permanent guardianship. Emergency Guardianship Some people use 'emergency guardianship' interchangeably with 'temporary guardianship', but in California, the courts apply it more narrowly to cases involving an urgent threat to a child’s safety or well-being, such as abuse, neglect, or abandonment. In these situations, a person can petition the court for immediate authority to care for the child, often without giving prior notice to the parents if doing so would put the child at risk. The court calls this an ex parte request. If approved, the court grants emergency guardianship quickly, sometimes within 24 to 48 hours. Emergency guardianship is short-term and remains in effect until a regular guardianship hearing can take place. Permanent Guardianship Permanent guardianship is a long-term arrangement for situations where a child’s parents are unable to provide care for an extended period or permanently. Relatives, close family friends, or others with a strong relationship to the child may request it as part of a family’s estate or care plan. Once granted, permanent guardianship remains in place until the child turns 18, unless the court modifies or terminates the order. While parents still retain some legal rights, the guardian has full authority over the child’s daily care, education, and medical decisions. 5 Practical Considerations When Choosing a Guardian Selecting a guardian for your child involves legal, emotional, and practical factors that can impact your child’s well-being and your family's peace of mind. Here are five key points to think about when making this important decision. 1. Is Your Chosen Guardian Legally and Practically Suitable? In California, a guardian must be at least 18 years old, mentally competent, and able to provide a stable home environment. But beyond meeting the basic legal requirements, consider whether the person is truly in a position to take on the responsibility, both emotionally and financially. Ask yourself: Does this person have the time and energy to care for a child full-time? Do they live in a location that would allow the child to maintain stability (school, friends, routine)? Are their values, parenting style, and lifestyle compatible with how you would want your child raised? It’s also important to think about any potential legal complications. For example, someone with a criminal record or ongoing financial problems may face challenges getting court approval. 2. Have You Considered the Child’s Needs and Preferences? Choosing a guardian isn’t just about who you trust; it’s also about what’s best for your child. Think about their emotional, educational, and medical needs, as well as their existing relationships with potential guardians. California courts may consider the preferences of older children, particularly those aged 12 or older. If your child is old enough to express a reasonable preference, involve them in the conversation, or at least keep their feelings in mind when making your decision. Also, consider factors such as: Does your child already have a strong bond with the proposed guardian? Will they need to relocate or change schools? Will their cultural, religious, or language background be maintained? 3. Do You Have the Right Legal Documents in Place? To make your decision legally enforceable in California, you must complete the proper paperwork and, in most cases, go through the court process. At a minimum, your guardianship plan should include: A nomination of a guardian in your will Any related forms required by the court (such as Form GC-210 for guardianship petitions) Supporting documents showing why the guardian is suitable Working with a family law attorney ensures that your documents are complete, accurate, and in compliance with California law. It also helps prevent delays or disputes during the court process. 4. Have You Communicated Your Plans With Key People? Once you’ve chosen a guardian, don’t keep it to yourself. It’s essential to communicate your decision with the proposed guardian to confirm they’re willing and able to take on the role. An unexpected guardianship can place strain on everyone involved, even if the court approves it. You should also consider talking to close family members, especially those who might expect to be involved in your child’s care. A transparent and open conversation now can prevent confusion, disagreements, or even legal disputes later. In some cases, families choose to write a short letter explaining their decision, which they can include with legal documents or share during the court process. 5. Are You Prepared to Review and Update As Life Changes? Guardianship planning isn’t something you do once and forget. Life circumstances can change: yours, your child’s, and the proposed guardian’s. The person who seems like the best fit today may not be the right choice in five or ten years. Make a point of reviewing your guardianship documents every few years or after major life events, such as divorce, death, relocation, or changes in relationships. You can update your nomination or modify your legal documents as needed. Keeping your guardianship plan current helps ensure the guardian you choose can continue protecting your child in accordance with your wishes. When to Contact a Guardianship Lawyer Planning for guardianship requires both selecting the right person and following the legal process. In California, the court must approve guardianship, and even straightforward cases involve paperwork, deadlines, and legal requirements that are easy to miss. You should contact a guardianship lawyer if: You want to formally nominate a guardian in your will or through the court. You’re unsure what type of guardianship fits your situation (temporary, permanent, emergency) There are complex family dynamics, such as disagreements among relatives or an absent parent. You need help completing or filing court forms correctly. You want to make sure your plan aligns with California law and will hold up in court. An attorney with experience will support you through each phase, explain your options, and help you avoid delays or errors. Most importantly, a guardianship lawyer ensures that you clearly document your wishes and that someone you trust protects your child. Frequently Asked Questions About Guardianship What are the grounds for guardianship in California? Families typically seek guardianship when a child’s parents are unable to provide care due to serious issues like illness, death, incarceration, substance abuse, or abandonment. In these cases, a relative, a close family friend, or another responsible adult can petition the court to appoint them as the child’s legal guardian. Are there any downsides to guardianship? Yes, there are a few considerations. First, guardianship requires court involvement, which can be time-consuming and emotionally difficult for families. It may also lead to disputes among relatives, especially if more than one person wants custody of the child. In some cases, parents may object or try to regain custody, which can create further legal challenges. Additionally, the guardian must take on full responsibility for the child’s well-being, including financial and medical decisions. What exactly does “guardianship” mean in legal terms? Legally, guardianship is a court order that grants a non-parent the authority to care for a minor and to make decisions on the minor's behalf. In California, this includes providing a home, enrolling the child in school, managing medical care, and handling day-to-day responsibilities. Guardianship is different from adoption; it doesn’t terminate the parents’ rights, but it does give the guardian legal authority to act in the child’s best interest. Secure Your Child’s Future Today Choosing a guardian is a critical decision for any parent. It ensures that a trusted individual will protect, support, and raise your child. We help California families navigate guardianship with clarity and care. Whether you are planning or facing an urgent situation, we guide you through the legal process and help you create a plan for peace of mind. Contact us today to take the next step toward securing your child’s future.
Threshold Question: Is the goodwill of attributable to a business opened during the marriage a quantifiable and divisible marital asset upon divorce? What is Goodwill? On the broadest level, “goodwill” is the expectation of continued public patronage. See Business and Professions Code § 14100. One court has described goodwill as “the advantage or benefit which is acquired by an establishment beyond the mere value of the capital stock, funds or property therein, in the consequences of public patronage and encouragement it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances, or necessity, or even from ancient partialities or prejudices.” See Marriage of Lyons (1938) 27 Cal. App. 2d 293, 297-298. Is Goodwill an Asset Which Can be Valued and Divided in a California Divorce? Yes. Incident to the valuation of a business, the court must determine whether goodwill exists. If goodwill exists, the goodwill must be assigned a value and factored into community property division. See Marriage of Greaux & Mermin (2014) 223 Cal. App. 4th 1242, 1251; see also Marriage of Watts (1985) 171 Cal. App. 3d 366, 370-372. How is Goodwill Valued in a Divorce? There is no “rigid and unvarying rules for the determination of the value of goodwill, but have indicated that each case must be determined on its own facts and circumstances.” See Marriage of Foster (1974) 42 Cal. App. 3d 577. While there is no bright line rule for valuing goodwill in a California divorce, courts generally utilize one of two approaches: Market Value Approach: Analysis of what a willing buyer would pay in cash for the community business if it were sold at the time of separation or divorce. Capitalization of Excess Earnings: Analysis of the net income of a professional practice for one year, subtracting of a reasonable salary for a person of comparable experience, and multiply by a number which is usually determined by an expert forensic accountant. In any event, goodwill cannot be valued by any method which takes into account post-marital efforts of either spouse. Where Do You Go From Here? If you are a business owner, or you are the spouse of a business owner, the issue of goodwill either exposes you to liability or gives you negotiating power in division of your estate upon divorce in California. Call one of our Southern California family law attorneys today to set up a consultation and talk about your rights and responsibilities. **DISCLAIMER** THIS INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. EVERY CASE IS DIFFERENT AND THIS GUIDE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THIS ARTICLE DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP BETWEEN THE READER AND ITS AUTHOR. IF YOU HAVE LEGAL QUESTIONS, CONSULT WITH A FAMILY LAW ATTORNEY.
