California Temporary Guardianship Agreement

State:
Multi-State
Control #:
US-01975BG
Format:
Word
Instant download

Description

A temporary guardianship involves a document in which a parent grants temporary custody of his or child to another person or institution. Temporary guardianship occurs when an adult takes legal responsibility for a minor child who is not his or her own. In order for guardianship to be considered temporary, the adult must be legally responsible for the child for less than six months in some states. Temporary guardianship may be established without going to court. A child's parent may sign an agreement naming another adult as his or her child's temporary guardian. For example, a parent who is going on active duty in the military, or who will be stationed for a short period of time overseas, may choose to sign an agreement naming a grandparent, relative, or family friend temporary guardian of his or her child. Because a temporary guardian isn't permanently responsible for the child in his or her care and was not ordered by a court to be a guardian, doctors may refuse to treat the child and schools may refuse to admit the child to classes without a parent's consent. For this reason, some states have enacted a law that allows schools and medical providers to accept a Caregiver's Authorization Affidavit from a temporary guardian. This allows the temporary guardian to take full responsibility for a child.

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FAQ

The probate court may appoint a guardian of the person for a child when no parent is available to meet the needs of the child because of the parents' death, incapacity, abandonment, military obligations, or other reasons.

First, you must fill out these four separate forms: Form #FL-300, Order to Show Cause. Form #FL-305, Temporary Orders. Form #FL-310, Application for Order and Supporting Declaration.

Can I still act as the child's caretaker without being the legal guardian? Yes. In California, parents can sign a Guardianship Authorization Affidavit.

Parents can agree on temporary orders or ask the court to set the terms. The courts usually issues temporary orders at the hearing following court-ordered mediation but can do so later in the process, if necessary.

Temporary guardianships are awarded for a short period of time, usually no longer than six months. Temporary guardianship grants a guardian all the legal rights and responsibilities relating to the care of the child. A guardian has full legal and physical custody of the child, and makes decisions about their care.

Parents can sign a written agreement (technically called a ?power of attorney?) giving you the authority to care for their child if they know they will not be able to take care of the child temporarily. For example, if the parents will be away for work, in jail, or getting medical treatment.

Grounds for emergency custody in California may include: Domestic violence. Child abuse or neglect. A parent's arrest for drug use, drunk driving, or another serious crime. A parent's physical or mental health condition. A sex offender in the home.

An application for temporary guardianship includes filing forms with the court. These include the Petition for Appointment of Temporary Guardian of the Person and Letters of Guardianship. These, along with other forms the court requires must be filled out and filed.

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California Temporary Guardianship Agreement