Becoming a Guardian
To become the legal guardian of a child, (0-18 years old), you first have to file papers in court. Then you must follow a number of steps and have a court hearing. At the hearing, the judge will decide whether to appoint you guardian. Click for our main guardianship page if you want to know general information about guardianship.
Click if you need to file a guardianship for a young person who is 18 to 20 years old for special immigrant juvenile status. (California Courts website)
Important:
A guardianship is usually filed in the county where the child lives. If there are child custody orders already in another county, you must file for guardianship in that county.
Follow these steps to ask for a guardianship of the person:
Fill out:
- Petition for Appointment of Guardian of the Person (GC-210) or (GC-210(P)) if you are asking for guardianship of the person only,
- Guardianship Petition--Child Information Attachment (GC-210(CA)) including the Indian Child Inquiry Attachment (ICWA-010(A)) if guardianship of the person is request.
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105/GC-120)
- Notice of Hearing (GC-020)
- Consent of Proposed Guardian, Nomination of Guardian, Consent to Appointment of Guardian and Waiver of Notice (GC-211)
- Duties of Guardian (GC-248)
- Confidential Guardian Screening Form (GC-212)
- Notification to Court of Address on Guardianship (Local Form PR-02)
- Confidential - Guardianship Declaration (Local Form PR-18)
- If you want to ask the court to waive the filing fees, also fill out the Request to Waiver Court Fees (FW-001-GC) and Items 1, 3, 5, and the case name of the Order on Court Fee Waiver (FW-003-GC). The fee waiver is based on the child's income, not yours.
- Additionally you will need copies of GC-207-INFO as this form must be served with the paperwork you filled out.
In real emergencies, you can ask for a temporary guardianship if you cannot wait the regular 45 days for the court date on the general guardianship. To do this, there are more forms for you to fill out. Click to learn how to ask for temporary guardianship below.
Self-Prep & File
Click for a computer program that can help you fill out all these forms by answering simple questions. Image
The original is for the court. One copy is for you. The others are for the people who will have to get notice (see step 4). You may need to make more copies after you file your forms.
E-Filing
If you file your forms electronically (through e-filing), visit our e-filing page since instructions for steps #2 and #3 will be different.
Take the original plus the copies to the Clerk's Office. The clerk will return the copies to you, stamped "Filed." You will have to pay a filing fee or turn in your fee waiver forms.
- The clerk will write a court hearing date on your Notice of Hearing (GC-020). That is your court date. Do not miss it. You will attach GC-207-INFO to this form.
E-Filing
If you file your forms electronically (through e-filing), visit our e-filing page since instructions for steps #2 and #3 will be different.
You must "give notice" to certain people, relatives and agencies. This means someone 18 or older -NOT you-must "serve" (give) copies of your court forms either in person or by mail to those people and agencies so they will know you are asking to be the guardian of the child. You must do this even if you think they do not care or they disagree with you.
- Read Information on Notification Requirements (Local Form PR-20) for guardianship cases. It gives you the information you need to know who to give notice to, and how.
- Read also What is "Proof of Service" in a Guardianship? (Form GC-510) for more information.
These are the general rules for serving your guardianship papers (giving notice):
- Personal service to: the child's parents, the person with legal custody of the child now (if any), and the child (if the child is 12 or older) - at least 15 days before the hearing.
- Service by mail to: the child's grandparents (on both the mother's side and father's side), brothers and sisters, and half brothers and half sisters - at least 15 days before the hearing. You do not need to give notice to step-siblings.
- Service by mail to the County of San Mateo Children & Family Services - at least 15 days before the hearing.
Human Services Agency
Director for Children and Family Services
1 Davis Drive
Belmont, CA 94002 - Service by mail to the California Department of Social Services if you are not related to the child by blood, marriage or adoption. Someone at least 18 years old-NOT you-must mail a copy of the forms you filed at least 15 days before the court hearing to:
State Department of Social Services
Director of Social Services
744 P Street
Sacramento, CA 95814
If you do not know where someone is, you will have to look for them and then ask the court to let you move ahead with your case without giving notice to them. Click for tips on how to find someone (California Courts website).
For the relatives you could not find:
- Write down everything you did to try to find them, with details of who you talked to, the dates, and what the results were.
- Then, file a Request to Dispense with Notice that includes all the details of your efforts to find the missing relative. It is not an existing court form, but you can use this template,.
- File your Request to Dispense with Notice with a blank Order Dispensing Notice (Form GC-021).
- If the judge approves your request, they will sign the Order Dispensing Notice and you will be able to move ahead with your case without giving notice to the missing relative(s).
- For personal service, the server fills out and signs the Proof of Personal Service of Notice of Hearing (GC-020(P)) and then gives it to you.
- For service by mail, the server fills out and signs the Proof of Service by Mail on page 2 of the Notice of Hearing (GC-020) and then gives it to you.
- File your proofs of service with the court clerk before your court date
Anyone who agrees that you can be the guardian and does not want to get notice of the court date can sign the Consent to Appointment of Guardian and Waiver of Notice part of GC-211. You do not have to give notice to anyone who signs this part of Form GC-211, but you will need to file the form with the Court. If they do NOT sign, you will have to give them notice, even if they say they agree you can be the guardian.
Before the court hearing, a court investigator is assigned to conduct an investigation and prepare a written report to the Judge. The court investigator will only investigate your case if you are a relative of the child. If you are NOT a relative, the court will refer your case to Children & Family Services of San Mateo County and they will do the investigation, but the steps will be similar.
The court investigator will:
- Visit the home where the child will live,
- Interview the child and the proposed guardian,
- Interview the parents and other relatives, friends, or people who have information about the minor child, if necessary,
- Review documents about the child (like school records and medical records), and
- Do a background check on you and all adults living in the home to see if any of you has a record of neglect or abuse or a criminal record.
Before you are appointed as guardian, the court investigator wants to know if:
- There is a valid need for a guardianship or if the child should be with the parents.
- The case should be referred to another agency, like the San Mateo Human Services department.
If the investigator thinks the child needs a guardianship, they will look at:
- Where the child will live,
- Where the child will go to school,
- Your family situation (including all household members),
- Health-care issues (including mental health problems), and
- Visitation by the parents, siblings, and other relatives.
If the child is old enough and mature enough, the investigator may also talk with him or her about the guardianship.
In some cases, the court investigator may recommend that the court appoint a lawyer to represent the child. This lawyer would be paid for by the court.
The court investigator's report summarizes all the information for the judge and will have:
- Information and recommendations about your case,
- Any concerns the court investigator may have about the guardianship, and
- Any other recommendations the court investigator thinks would help, like an evaluation, mediation, or emergency screening (if needed).
Get to your hearing on time. The date, time, and room of your hearing will be on your Notice of Hearing (GC-020).
Take to your hearing:
If the child's parents agree to the guardianship, a judge may order a guardianship if it is necessary or appropriate. If 1 or both of the parents objects to the guardianship, a judge will order guardianship only if:
- Staying with the parents or 1 of the parents will be detrimental to the child, AND
- The guardianship is in the best interest of the child.
If the judge agrees that you can be the guardian:
Take your Order Appointing Guardian or Extending Guardianship of the Person (GC-240) and Letters of Guardianship (GC-250) to the clerk's office to certify and file them.
Get from the court clerk at least 1 CERTIFIED COPY of the Letters of Guardianship for each person or entity that will have regular contact with the child. So, for example, if you and your spouse are both appointed guardians of the child, each of you should keep in your purse or wallet at all times a certified copy of the Letters of Guardianship. If the child goes to school, the school should also have a certified copy of the letters. This way, if the child's parents show up to try to take the child, the guardian or the school can show the police that the court has made you guardian.
At the time of your appointment as the Guardian, an annual review date will be scheduled. You will be instructed by the Court to execute and return a Confidential Guardianship Status Report (GC-251) to the Court.
- The completed Status Report will be reviewed. If there are no problems, the Guardianship will continue until terminated or modified by court or as a matter of law (for instance, when the minor turns 18). An annual Status report should be completed and returned by you every year.
- If you do not send the status report, you may be removed as the Guardian.
- Sometimes, the court will want more status reports or will order you to come speak to the judge. If the court has any concerns, the judge may monitor your situation.
- Review the San Mateo Superior Court's Local Rules, Division IV-Probate Department (Chapter 12), and Standing Order 14-127 to find out more about guardianship cases and ongoing reports.
Sometimes, there is an emergency and the guardianship has to be set up quickly. For example:
- The child needs immediate medical treatment and the Caregiver's Affidavit is not enough, or
- The child's parent is killed or suffers a serious injury, is incapacitated for alcohol or drug use, is threatening to take the child from their current home (for instance the child has been living long term with the grandparents) and the police can't help without a court order.
In emergencies such as these, you can ask the court to appoint a temporary guardian. You must show "good cause," which means you have to have a really good reason to ask for a temporary guardianship. Just because you think it is an emergency does not mean the law considers it an emergency.
If you file for a temporary guardianship, you still have to file for a general guardianship at the same time, so make sure you fill out all the forms listed at step 1, together with the ones included here.
To ask for an emergency temporary guardianship:
- Fill out:
All the general guardianship forms at step 1, PLUS
- Petition for Appointment of Temporary Guardian of the Person (GC-110) or (GC-110(P)) if you are asking for guardianship of the person only,
- Notice of Hearing (GC-020) for the temporary guardianship petition,
- Letters of Temporary Guardianship (GC-150) (just the top boxes, with your name, address, case name and case number),
- Declaration Re. Notice of Ex Parte Application (Local Form PR-9),
- Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (GC-112),
- Order on Ex Parte Application (GC-115), and
- Order Appointing Temporary Guardian (GC-140).
Make sure that in your papers, you let the court know clearly if anyone (like a parent, grandparent, or other close relative or caretaker of the child) opposes your petition to be appointed guardian.
Self-Prep & File
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- Make at least 3 copies of all your forms.
- File all your forms at the Clerk's Office AND turn in your temporary guardianship request to the Probate Clerk's office.
- File all of the forms for the general guardianship in the Clerk's Office and take your forms for the temporary guardianship request to the Probate Clerk's office for the probate court investigator to review your request. It is recommended that you make an appointment for the Court Investigator to review your papers before you turn them in to the clerk. Make the appointment by calling the Court Investigator's office at: 650-261-5068
- File your temporary guardianship request in the Clerk's Office.
File your forms in the clerk's office and then meet with the Probate investigator to review your request. If the minor you are trying to get guardianship of is 12 or older, bring the minor too.
- Give notice.
In most temporary guardianship cases in San Mateo County, you will have to give notice that you are asking for a temporary guardianship by 10 a.m. the court day before your ex parte request is to be reviewed by the judge. You will have to give notice, by telephone, fax, in person, or some other way, of your request to:
- The child, if they are at least 12 years old,
- The child's parents, and
- Any person with a valid visitation order with the child.
For each person that has to get notice, fill out and file with the clerk a Declaration Re. Notice of Ex Parte Application (Local Form PR-9), explaining when and how you told them about the ex parte request.
If you were not able to notify someone about the request-because you don't know where they are, or because you believe it could be dangerous to you or the child, or some other really good reason-explain that on the Local Form PR-9, in Item 4. Again, make sure the court knows if anyone opposes the guardianship that you are aware of.
In most emergency cases, the San Mateo court will review your request as an ex parte request. This means that there will be no court hearing, unless the court thinks one is needed, and the temporary guardianship orders can be made after review. Follow the San Mateo Superior Court's local rules (Rule 4.77.14) carefully.
In some situations, the court will set a regular hearing date for the temporary guardianship. For those cases, at least 5 days before the court date, you must have someone 18 or older, NOT you, personally deliver the Petition for Appointment of Temporary Guardian of the Person (GC-110(P)) and Notice of Hearing (GC-020), to:
- The child, if they are at least 12 years old,
- The child's parents, and
- Any person with a valid visitation order with the child.
The person who does this for you must fill out and sign the Proof of Personal Service of Notice of Hearing (GC-020(P)) and then gives it to you to file with the court.
- Go to the court hearing if there is one.
Usually, your matter will be reviewed that day (rather than the court scheduling a hearing on the temporary guardianship). However, if the court gives you a court date, get to your hearing on time. The date, time, and room of your hearing will be on your Notice of Hearing (GC-020).
Take to your hearing:
- Find out the judge's decision.
If the judge agrees that you can be the guardian, you will get:
- Order Appointing Temporary Guardian (GC-140), and
- Letters of Temporary Guardianship (GC-150) that you must sign.
The court will also set a hearing on the general guardianship 30 days out.