There are often certain circumstances in divorce proceedings that warrant guardianship when considering the best interests of the child involved. Guardianship occurs when a court orders someone other than the child’s parent to take custody of the child. It is a difficult decision to have a child raised by anyone other than the parent, but there are certain situations where the court needs to step in and decide what is best for the child. Some of these difficult circumstances that prevent one or both parents from being able to care for their child are:

  • Serious physical or mental illness

  • Military and overseas service

  • Rehab program requirements

  • Jail time

  • Drug or alcohol abuse

  • A history of abuse


There are different types of guardianship that can be provided, and parents can even have parental rights and reasonable contact with the child. A guardian can be a close family member, a friend of the family, any court-appointed individual or someone deemed suitable by the court who asked for guardianship rights. If the parent should become eligible to take care of the child again, the guardianship can end. Guardianship attorneys can help navigate a myriad of legal concerns for parents and discuss the two types of probate guardianships available:


  • Guardianship of the Person — Guardian has full and legal physical custody, which means he/she makes all of the physical decisions to care for the child like a parent and is responsible for any intentional damage that the child may cause.

  • Guardianship of the Estate — Guardian manages the child’s income, money or other property until he/she turns 18. This may be used when a child inherits notable wealth, investments and/or other assets.


Guardianship lawyers help you determine what is best for your child. This is a delicate matter that can be difficult and taxing for all parties involved. Having the right legal advice can help. Ideal Legal Group’s international family law attorneys understand the legal concerns of guardianship. We provide families with compassion and professionalism while we determine the best legal route for their situation. Contact us for a free consultation at (626) 569-1882 or info@ideallegalgroup.com.

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