To become a legal guardian in California, you file a petition in the probate court of the county where the child lives, give legal notice to the child’s parents and close relatives, cooperate with a court-ordered investigation, and appear at a hearing where a judge decides whether the guardianship is in the child’s best interest. The filing fee is $225 for a guardianship of the person, and the full process usually runs from several weeks to a few months.
Who Can Petition
Any adult can file. You do not need to be related to the child, though courts give weight to existing family ties. A child who is 12 or older can also file on their own behalf.1California Legislative Information. California Probate Code 1510 A relative can file regardless of immigration status.
If a parent named someone as guardian in a will or another legal document, the court is generally required to appoint that person unless it finds them unsuitable. Without a nomination, the judge looks at who has the closest relationship with the child, who can offer stability, and what the child prefers if old enough to say.
Guardianship of the Person or the Estate
California recognizes two types of probate guardianship, and you can petition for one or both. A guardianship of the person gives you legal and physical custody, including authority over the child’s home, schooling, and medical care.2Judicial Council of California. Information on Probate Guardianship of the Person A guardianship of the estate makes you responsible for managing the child’s money or property until they turn 18. Most petitions cover the person only. If the child has inherited property, received insurance proceeds, or has income of their own, you likely need an estate guardianship as well, which brings tighter court oversight and heavier reporting.
Forms You Need to File
Have the full legal names and current addresses of the child, both parents, and yourself before you start. The core forms are on the California Courts website:
- Petition for Appointment of Guardian of Minor (GC-210). This is the main document asking the court to appoint you.3California Courts. Petition for Appointment of Guardian of Minor (GC-210)
- Child Information Attachment (GC-210(CA)). Filed for each child, with details about their situation and needs.4Judicial Council of California. Petition for Appointment of Guardian of Minor
- Consent and Nomination Form (GC-211). Confirms you are willing to serve and documents any parental nomination.
- Confidential Guardian Screening Form (GC-212). Every proposed guardian fills one out and discloses personal history, including any criminal record.5Judicial Branch of California. California Courts Self-Help Guide – Start a Guardianship Case
If there is already an open custody case involving the child, you may have to file in the county where that case is pending, even if the child has since moved.5Judicial Branch of California. California Courts Self-Help Guide – Start a Guardianship Case
Where to File and What It Costs
Take the completed, signed forms to the superior court clerk’s office in the county where the child lives. You can also file in another county if that better serves the child’s interests.6Justia Law. California Probate Code 2200-2203 – Jurisdiction and Venue
The statewide fee is $225 for a guardianship of the person only. If you are petitioning for guardianship of the estate, or both, the fee rises to $435.7Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026 Some counties add a separate investigation fee.
If the child or the child’s parents receive public benefits, live in a low-income household, or cannot afford basic needs and court costs, request a fee waiver on Form FW-001-GC. The waiver is based on the child’s or parents’ finances, not yours.8California Courts. Request to Waive Court Fees (Ward or Conservatee) (FW-001-GC) After the clerk processes the filing and the fee is paid or waived, you get a case number and a hearing date.
Notifying the Child’s Family
Once the petition is filed, the law requires you to give notice of the hearing to specific people. The child’s parents must be served in person. Other relatives listed in your petition can be served by mail, and the court may authorize alternative methods for people who are hard to reach.9California Legislative Information. California Probate Code 1511 The child must also be served if they are 12 or older.
You cannot serve the papers yourself. Any adult who is not a party to the case can do it. Once everyone has been served, file a Proof of Service documenting when and how each person received notice. Improper service is one of the most common reasons hearings get continued.
Indian Child Welfare Act Notice
If the child is or may be a member of a federally recognized Indian tribe, additional notice requirements apply.10California Legislative Information. California Welfare and Institutions Code 224 Send notice by certified mail to the child’s tribe and the appropriate Bureau of Indian Affairs regional director, including the child’s and parents’ birth information, tribal enrollment details if known, and copies of the court papers.11Indian Affairs. ICWA Notice Missing this step can give the tribe or a parent grounds to unwind the guardianship later.
The Investigation and the Hearing
Before the hearing, the court assigns an investigator. If you are related to the child, a court investigator handles it. If you are not, the county child welfare agency does the investigation. The investigator will interview you, talk with the child, and may visit your home. They will also look at the child’s developmental and educational needs and whether you can meet them.
If the child may be an Indian child, the investigator must consult with the tribe and include that information in the report. Everything goes into a confidential report with a recommendation, sent to the judge before the hearing.
At the hearing, the judge reads the investigator’s report along with your filings. Expect questions about why the guardianship is needed, your relationship with the child, and your ability to provide a stable home. Parents and any relatives who received notice can appear and object. If a parent opposes the guardianship, the case becomes contested, and the judge weighs whether the guardianship is still in the child’s best interest before proceeding.
If You Need Guardianship Immediately
If the child needs a guardian right away and cannot wait for the full process, you can file a separate petition for temporary guardianship at the same time you file your main petition. You have to show the court good cause, such as a parent’s sudden incapacitation or death.12California Legislative Information. California Probate Code 2250 The filing fee is $60.7Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026
The court needs at least five days’ notice before a temporary hearing, personally delivered to the child (if 12 or older), both parents, and anyone with a current visitation order.12California Legislative Information. California Probate Code 2250 The judge can shorten that for good cause. A temporary guardian serves only until the court rules on the permanent petition.
After the Judge Approves You
If the judge grants the guardianship, the court signs an Order Appointing Guardian of Minor (Form GC-240). That order alone is not what a school registrar or pediatrician will ask to see. The document you use to prove your authority day to day is the Letters of Guardianship (Form GC-250), a certified certificate issued by the court clerk. Get several certified copies, because schools, insurers, and medical providers each want their own.
Bond
California law generally requires an appointed guardian to post a bond before the clerk issues Letters of Guardianship.13California Legislative Information. California Probate Code 2320 Bonds matter most for estate guardianships, where the amount is based on the value of the child’s property plus expected annual income. For guardianships of the person only, judges frequently waive the bond when no substantial assets are involved. The bond protects the child’s estate if the guardian mismanages assets.
Your Authority and Ongoing Duties
As guardian of the person, you have legal custody and authority over daily care, living arrangements, education, and medical treatment.14California Legislative Information. California Probate Code 2351 You can establish the child’s residence anywhere in California without asking the court. Moving the child out of state requires court permission first.
The court stays involved. It may require you to file an annual Confidential Guardianship Status Report (Form GC-251), due one month after the anniversary of your appointment, covering the child’s health, education, and living situation.15California Courts. Rule 7.1003 – Confidential Guardianship Status Report Form Guardianship of the estate carries heavier financial reporting and periodic court accountings.
Guardianship does not terminate parental rights. The child’s parents keep the right to petition the court to end the guardianship and regain custody, and the judge decides any such petition on the child’s best interest.
When Guardianship Ends
A guardianship of the person automatically ends when the child turns 18. It can be extended until the young adult turns 21 if they request or consent to the extension.16California Legislative Information. California Probate Code 1600 It also ends automatically if the child is adopted, becomes legally emancipated, or dies.
Otherwise, anyone with standing, including you, a parent, or the child, can ask the court to end the guardianship early. The judge grants the request only if ending it is in the child’s best interest.