Termination of Guardianship
At Law office of David P Schwarz we are very experienced at going to Probate Court and terminating Guardianship cases of the Person. We have many years litigating Probate cases in Orange County. Please call our Law office to make an appointment. Our phone number is 949-735-9266.
Under probate Code Section 1601 a person can file a petition to the Probate Court to Terminate the Guardianship. Upon petition of the guardian, a parent, the minor ward, or, in the case of an Indian child custody proceeding, an Indian custodian or the ward's tribe, the court may make an order terminating the guardianship if the court determines that it is in the ward's best interest to terminate the guardianship. Upon petition of a ward who is 18 years of age or older, the court shall make an order terminating the guardianship.When Guardianship Terminates
A guardianship of the person or estate terminates by operation of law when the ward dies or attains majority. Pursuant to Probate Section 1510.1, upon attaining majority, the ward may request or consent to the extension of the guardianship until the ward attains 21 years of age.
In addition, a guardianship of the person also terminates on the adoption or emancipation of the ward.
In all other instances the guardianship terminates by order of the court. Under Prob. Code § 1601, the best interest of the minor is the sole criterion for termination of the guardianship. This occurs in most Court cases. The Best Interest Standard is the most common method of Termination of Guardianship.Persons Who May Petition for Termination
The guardian, parent, or minor ward may petition for Termination. Upon the petition of a ward who is 18 years of age or older, the court shall terminate the guardianship.
Upon making a determination that a guardianship should be terminated pursuant to Section 1601, the court may consider whether continued visitation between the ward and the guardian is in the ward's best interest.
As part of the order of termination, the court shall have jurisdiction to issue an order providing for ongoing visitation between a former guardian and his or her former minor ward after the termination of the guardianship.
The order granting or denying visitation may not be modified unless the court determines, based upon evidence presented, that there has been a significant change of circumstances since the court issued the order and that modification of the order is in the best interest of the child. The issue of change of circumstance is a standard family burden of proof in order to change a prior order.
A copy of the visitation order shall be filed in any court proceeding relating to custody of the minor. If a prior order has not been filed, and a proceeding is not pending relating to the custody of the minor in the court of any county, the visitation order may be used as the sole basis for opening a case in the court of the county in which the custodial parent resides. While a parent of the child has custody of the child, proceedings for modification of the visitation order shall be determined in a proceeding under the Family Code. That means that a different court will hear the custody issue. It will no longer be in Probate Court.Consult an Experienced Guardianship Lawyer in Orange County
If you expect to become involved in a termination of guard ship dispute, it is important to contact an Orange County guardianship attorney as soon as possible. At the Law Offices of David P. Schwarz, we can litigate the issues of your case and protect your rights as a guardian or a parent. We represent residents of all Southern California Counties and Cities. To set up a consultation with a guardinship attorney, call 949-735-9266 or contact us online.