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Screenshot Even though you can legally take on the responsibilities of a loved one’s financial and medical decisions when they become unable to do so themselves, being a conservator isn’t to be taken lightly. It’s not just about signing a document; that’s just the beginning. There are many ongoing obligations of a conservator of an aging adult that must be considered before agreeing. Obligation #1: Managing The Conservatee’s Personal Care (Acting in Their Best Interest) You don’t just step into the role of conservator; you must do so with the respect to the conservatee’s dignity. Following California Probate Codes governing fiduciary duties, a conservator must make sure the rights of the conservatee are protected. This includes taking into consideration their wants and needs before making any decisions, respecting their ability to receive visitors, and acknowledging any request for terminating the conservatorship. You also must be aware that once a judge signs off on the letters of conservatorship (which detail what you are allowed to do as conservator), you can be held personally liable if found negligent or going against the conservatee’s best interest. Obligation #2: Keep Detailed Records of All Actions and File Annually with the Court As a conservator, you must maintain meticulous accounting regarding changes to income and expenses, and the health and living situation of the conservatee. After filing an initial appraisal of all assets, the court will appoint someone to conduct periodic reviews, usually every two years after the first twelve-month initial review. Conservator’s must also attend all court hearings and court-offered trainings, keep their contact information up-to-date, and cooperate with investigators. Failing to meet these requirements may be cause for intervention or removal as conservator. Obligation #3: If Conservator of the Estate, Manage Finances As a conservator of the estate, there are many requirements that must be met beyond simply managing finances. First, you must file a surety bond with the court (unless ordered otherwise). Second, you must track all expenses, maintain all necessary insurance (such as life insurance), and properly file all federal and state taxes. Finally, it’s always a good idea to open a separate conservatorship checking account. This way, you have a better gauge on the conservatee’s finances, can keep from comingling your money with theirs, and know when it’s necessary to borrow money on their behalf. Obligation #4: If Conservator of the Person, Make Healthcare Decisions. As a conservator of the person, you have the authority to approve medical treatment and manage caregivers. However, according to the Lanterman-Petris-Short Act, you must attend separate court hearings to place a conservatee in a psychiatric hospital, force feed them medications, or sterilize them. You must also provide copies of your letters of conservatorship to any hospital or care facility that request proof of conservatorship. These legally complex obligations can become emotionally draining, which is why it’s best to have an experienced attorney on your side. Check out our guide to Navigating Conservatorship for Aging Adults and then give King Law Firm Attorneys at Law, Inc. a call.

“When faced with the question of whether you should stay in a marriage, difficult emotions are bound to arise…. Despite the emotions involved, a life-changing decision needs to be made when considering the financial, emotional, and legal implications specific to your situation. The first question you should ask is: ‘Should I file for divorce or repair my marriage?’.” Thus begins Getting Divorced... Now What?, a new go-to guide on making the process of divorce less painful. Life And Expectations Change No one expects they will be heading for divorce when they say yes to a proposal from someone they deeply love. But life, growth, and experience inevitably change people, and if one’s spouse is unable to accept those changes, divorce also becomes inevitable. Whether the divorce is amicable or catches one party off-guard will determine how complicated and emotionally devastating this life-changing event becomes. Getting Divorce… Now What Written by family law and litigation attorney Rachel King, Getting Divorced... Now What? explores the many complexities of divorce. Her main goal in writing the book was to compile what she’s learned over ten years of representing and witnessing thousands of family court cases into a compassionate, relatable roadmap for those who may not be able afford an attorney. It provides the tools necessary for anyone contemplating divorce—or in the midst of one—to confidently navigate the rigors (emotional and legal) of divorce and simplify the complicated chapter of their life. Real-Life Stories One key element of Getting Divorced… Now What? are real-life anecdotes and stories that offer a sense of relief, letting them know that they are not going through their divorce alone. Here’s a quick excerpt of one story (names and facts have been altered to protect the individuals involved): “Meet Sarah and John: They live in the heart of a bustling city, amidst the chaotic rhythm of life. They married at 23 years old, right after college, deeply in love, and quickly started their family. Now, thirteen years later, life is taking its toll on their marriage…. She finds herself overwhelmed, and her marriage is feeling the brunt of it. She is torn between wanting to save the marriage, or realizing that maybe it's too late, and it’s time to move on. A lot has happened over fifteen years. She is exhausted and not sure if she is emotionally willing to invest another day in her marriage.…. Their journey began like a fairy tale, with stolen glances, and promises of forever. Yet, as time and life unfurled its complexities, cracks began to form in the once-solid foundation of their marriage. Sarah, with her heart heavy with burden, finds solace in the silent confinements of her therapist's office. Should she stay or should she go?” You Are Not Alone With many anecdotes, stories, and practical and authoritative information from Rachel King’s ten years of experience, by the time you’re done reading Getting Divorced… Now What?, you will no doubt believe “You are not alone, and you will survive!” Take your first step towards healing and empowerment by checking out a free chapter of Getting Divorced… Now What? And look for the book when it’s released on January 15, 2025. Get answers to all of your burning questions about Getting Divorced… Now What? Disclaimer: Getting Divorced… Now What? is not a replacement or substitute for legal advice. You should speak with an attorney in your jurisdiction to get legal advice on your case. The book is not legal advice and is not intended to be legal advice. The book is for informational and entertainment purposes only. Buying, reading, or otherwise using this book does not establish an attorney-client relationship, nor does it constitute legal advice.

Complexities aside, representing yourself in a divorce should always be a last resort. We understand not everyone can afford a high-priced attorney, but the inability to separate one’s emotions keeps a lot of people from logical, rational discourse, which inevitably leads to an outcome that’s skewed in the spouse’s favor. However, if you must act pro se (‘pro•say’; meaning to act as your own attorney), consider these five factors. 1. Do Your Research Not all online forms, do-it-yourself guides, and resources are created equal. If you choose to act pro se, do plenty of research into every facet of the process. Legal Terms: You will need to be familiar with many legalities throughout the process, the most important being ex parte (ex•par-tay) communications. These are unsolicited documents, calls, or visits with the judge or clerk, or communications that weren’t transmitted to the opposing attorney. Following the Law: Though some judges are more lenient when representing yourself, they still expect you to follow the law. Be aware of deadlines, courtroom etiquette, correct filing, and rules of evidence. Claiming you didn’t know is never a viable excuse. Communicate: Failing to meet deadlines or respond to paperwork, will always be your fault and may result in a default judgement. Make sure the court, administrator, and spouse’s attorney all have your most recent home address and a professional email account. 2. Custody and Property Representing yourself poorly may affect custody, visitation, support, and property received. Custody: It’s important to know the difference between physical and legal custody, and sole vs. joint custody. You should also understand that agreeing to custody arrangements without considering modification could keep you from changing them in the future. Property Division: It may seem easy enough, but real property has a lot of unknown secrets. For example: if you take your name off the title of your home but not the mortgage, you may still be responsible for payments should your spouse fail to pay. Take this into account for credit card debt and car loans as well. 3. Accessing documents from your spouse How do you subpoena documents? Not knowing how or what documents to collect could lead to mishandled evidence, late filings, and incomplete paperwork. 4. Stay Away from Social Media Social media during a divorce is not your friend. Every post you make, no matter if it’s hidden, may be admitted as evidence. 5. Attorneys cannot provide unsolicited legal advice Some attorneys provide free consultations, but this doesn’t mean they provide free legal advice. Nor does the opposing attorney have an obligation to assist you in any way. Limited Scope Basis: Attorneys may provide this type of representation, in which you pay a small fee for specific tasks, such as filing paperwork. In summary, when acting pro se in a divorce, do plenty of research, stay on top of paperwork, understand the ins and outs of custody and property arrangements, stay clear of social media, and identify all laws required of your state and county.

Divorce is never easy. Along with the emotional strain, dealing with all the forms, procedures, and rules required to file a divorce in California can become overwhelming. Understanding the basic process can help mitigate the stress. Step 1: Prepare to File for a California Divorce The first thing you want to do is inform your spouse about the divorce in person. If doing so is impossible, send an email, or call. Blindsiding your spouse may affect your case down the line, especially when it comes to agreeing to the division of property and support. If you have children, talk to them about what’s happening and give them time to ask questions. Answer honestly and never disparage or speak badly of your spouse. Once all parties are aware of the divorce, collect your passport, birth certificate, insurance policies, bank statements, and any other important documents. Step 2: File Initial Documents Now that you’re prepared, it’s time to file the paperwork. To initiate divorce proceedings, you must be a resident of California for at least six months and a resident of the county for at least 3 months. If this residency requirement is met, fill out and file a petition and a summons with your local courthouse, along with the required $435 filing (or “first appearance”) fee. If you have children under 18, a Declaration under Uniform Child Custody and Enforcement Act (UCCJEA) will also need to be filed. Step 3: Deliver the Documents to Your Spouse Once the paperwork is properly filed, ask a friend, contact the sheriff’s office, or hire a licensed process server to deliver, or serve, the papers to your spouse, who will then have 30 days to file a response. You cannot serve the paperwork yourself. It must be a third party over the age of 18. After they’ve served the papers, ask the third party to file a Proof of Service of Summons with the court as proof they were delivered. Step 4: Share Your Finances Within 60 days of filing the petition for divorce (or filing a response), California fiduciary laws dictate that you must fill out a Declaration of Disclosure, an Income and Expense Declaration, a Schedule of Assets and Debts, and a Property Declaration. Step 5: Make Decisions About Finances, Property, and Children Through the process of discovery (the obtaining of documents and asking questions under the penalty of perjury), you and your spouse will come to terms with the division of assets, property, and childcare. If for whatever reason, a mutual consensus becomes impossible, mediation or a court hearing may be necessary. Step 6: File the Final Forms To finalize your California divorce, you will file a set of final forms. These vary depending on whether written agreements or support orders are included. If all information is accurate and complete, a judge will sign off on the divorce. There is a six-month waiting period before this final judgement is filed. If you have any other questions or concerns, feel free to contact King Law Firm Attorneys at Law, Inc.

John and Mary got a divorce and filed a custody arrangement. Now, Mary wants to move to a new state and take her child with her. She files a petition for custody modification in her new state. Unfortunately, the court denies her request because the state does not have jurisdiction. Child custody isn’t just about filing paperwork, explaining your case to the judge, and receiving a judgement. You must also have jurisdiction. What does that mean? Here are five important details you should know when dealing with child custody jurisdiction. 1. Jurisdiction—A Definition Jurisdiction grants a court the right to exercise their authority and apply the law. In other words, it’s the right of the court to hear and decide your case. 2. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) For the court to hear and consider child custody or visitation rights, a state must first have jurisdiction over the child. So, what state has jurisdiction? To provide blanket enforcement rules across the nation, the National Conference of Commissioners on Uniform State Laws drafted the UCCJEA. It clarifies that the child’s home state, or the state in which the child has lived for six continuous months, holds jurisdiction over the child. The act also includes uniform procedures for the registration and enforcement of custody orders across state lines. The UCCJEA was drafted in part to keep parents from shopping for a more favorable court. Massachusetts is the only state (including the territories of D.C., Guam, Puerto Rico, and the Virgin Islands) that has not adopted the UCCJEA. 3. Continuing Jurisdiction Once custody has been heard and decided in court, that state maintains continuing and exclusive jurisdiction over the child up and until significant connection to the state changes or dissolves, or neither parent lives in that state any longer. 4. UCCJEA Exceptions Exceptions to the UCCJEA include: When a child hasn’t lived in a state for six consecutive months. Jurisdiction then falls to the state where the child has lived the longest and to which the child has significant connections (i.e. family and friends). A court outside of the child’s home state files a temporary emergency order due to child abuse or domestic violence. Adoption, juvenile delinquency, emancipation, or emergency medical care. When a parent or guardian has sole legal and physical custody. If foreign custody orders have not been adopted and recognized by the U.S. 5. Kidnapping and Child Abduction Moving to another state without having sole legal and physical custody, or having a custody arrangement to do so, could be deemed by state law as kidnapping. However, if the parent files for an emergency order in another state, the laws behind the definition of kidnapping become grayer. In the same vein, moving to another country without an official custody order could constitute international child abduction. To avoid these issues, consult an attorney who understands the UCCJEA before removing a child from their home state.

In 1982, California passed the Elder Abuse and Dependent Adult Civil Protection Act and became one of the first states to protect elderly and dependent adults from criminal abuse (physical, mental, and financial), abandonment, abduction, and neglect. Further private civil measures applied to the act in 1991 helped mitigate elder abuse. But by how much? According to the U.S. Department of Justice, 1 in 10 adults over the age of 65 suffer from at least one type of abuse that often goes unnoticed. Fear of retaliation or lack of mental capacity are key reasons why 1 out of 24 cases goes unreported according to the World Health Organization (WHO). More could still be done. Which is why Governor Gavin Newsom signed Assembly Bill (AB) 1243 into law in August of 2022, adding anti-isolation measures to the Elder Abuse Act. What is AB 1243? The rise of the COVID lockdowns made it clear that isolation was a danger to the mental, and sometimes physical, health of elder adults and dependents. When isolated from family, friends, and community, abuse of all forms could go unchecked. In some cases, it could expand and flourish without repercussions. Isolation itself may even be a way for a caregiver to cover up different types of abuse. There was a limited number of parties who could petition for protection from isolation by a caregiver prior to signing AB 1243 into law. Once the law went into effect in January 2023, family members or friends were given the right to petition against forced isolation with an anti-isolation restraining order. What is an isolation? Isolation, as defined under AB 1243, is the recurring act of keeping a vulnerable adult from contact with a particular person, including phone calls, online communication, and in-person contact. What is the impact of anti-isolation restraining orders? You no longer have to be a conservator, trustee, or attorney-in-fact to file for anti-isolation restraining orders. Anyone with an interest in the party in question can petition to enjoin the abuser from isolating the elder or dependent adult from them. Any petitioner must prove a pre-existing relationship to the elder or dependent adult — how they are related or the amount of time they spend with them. They must also prove that the interested party has been forcefully kept from seeing or communicating with the elder in question. In other words, the petitioner must prove the isolation is not due to the elder refusing to see the petitioner by their own recognizance. Because this is often hard to determine due to the elder or dependent adult’s mental state, the court is obliged to use all means to determine the validity behind all claims made. Be aware that AB 1243 does not apply to anyone who currently resides in a long-term care facility or healthcare facility. If someone you care for is being isolated against their will, it may be time to take action. Call us for a consultation today.

Conservatorships are the best way to protect a loved one when they become physically or mentally incapacitated. In other words, a conservatorship allows you to take control over another person’s finances, health, and well-being when they are incapable of doing it themselves, or when doing it themselves would cause them harm. However, conservatorships can also be problematic or vehemently contested. Some may fight to keep you from becoming a conservator, and at other times, conservators can abuse the fiduciary duties of the conservatorship for personal gain. Whatever the case, finding a knowledgeable attorney who can help navigate these issues may become necessary. But when do you know when to hire an attorney? When the Process Becomes Too Overwhelming Becoming a conservator, or fighting to end one, can be a stressful endeavor. Applying for conservatorship is a multi-step process that involves mountains of paperwork, court hearings, and investigations. One misstep and it could mean denial or having to start over. Finding an attorney who specializes in the conservatorships can help guide you through the entire process. When Filing a Petition for Conservatorship and Delivering the Citation Petitions (a motion to apply for conservatorship) and citations (notifications to all interested parties) are both critical components in applying for conservatorship. However, both the petition and citation must be filed by a neutral third party. Instead of asking your friend to file and deliver these documents, hire an attorney who understands the nuances of the petition and can create and deliver a legally enforceable citation. When the Conservatee is Assigned One by the Judge Before a conservatorship is granted, a judge may choose to speak to the conservatee. At any point the judge believes the conservatee needs a lawyer, they will appoint one for them. Hiring an attorney before the conservatee is asked to appear will provide better protection for their future interests. When a Conservator Abuses Their Fiduciary Duties If you are a conservatee and believe your conservator is exploiting their authority for personal gain, or acting in a way that is not in your best interest, you may want to contest the conservatorship. Whether that means ending the conservatorship or simply appointing a new conservator, an attorney can help you file the necessary paperwork, send out proper notices to interested parties, and aid in court hearings. When a Conservator Oversteps Their Authority Having a limited conservatorship means the conservator may only have authority over one aspect of a person’s life. If the conservator begins to control things that are not a part of the limited conservatorship, an attorney can help the conservatee regain the authority over aspects they can manage on their own. You may also seek advice if a conservator refuses to relinquish authority after a temporary conservatorship expires. We all want to believe we can handle these personal situations alone. But knowing when to hire an experienced attorney to navigate the rough, emotional waters of conservatorship may be the best thing you can do for you or your loved one.

Caring for an older adult, especially one with extensive care needs, can be time consuming and stressful. It’s why many people choose to place elderly parents or grandparents in nursing homes where they can be professionally cared for. But what happens when you find out the nursing home you’ve chosen begins to neglect your loved ones? What is nursing home neglect? Nursing home neglect is a form of elder abuse toward those living in a nursing home. When it happens, residents suffer due to poor care, ignorance, carelessness, or mistreatment. This can include failure to treat injuries or contact a doctor when needed; forgetting to regularly bath someone or change bed sheets; depriving someone of food and water; or providing someone with the wrong medications. This type of abuse happens more often than you might think. The National Center on Elder Abuse (NCEA) reports that about 95% of nursing home residents have either been neglected or have witnessed neglect and according to the World Health Organization, 12% of employees have admitted to neglecting residents. The U.S. Department of Justice also reports that 57 cases of neglect go unreported for every one case that is reported. What causes nursing home neglect? The main reason for neglect stems from being understaffed. This leads to overwhelmed staff members, high levels of stress, avoidable mistakes, and burnout. Another reason is inadequate training or hiring processes, both of which may occur when a nursing home rushes to fill positions without doing proper background checks or certification screenings. How do I know if neglect is happening? Malnutrition or dehydration (leading to weight or hair loss, irritability, or papery skin). Untreated health issues, such as bed sores, infections, and broken bones. Dirty appearance, soiled clothes, and other hygiene issues. Isolation, depression, or anxiety. Loss of mobility. Pests, mold, or other signs of an unkept residence. Wandering away from the facility. What can I do to prevent nursing home neglect? First and foremost, immediately report neglect to the authorities. Failure to report neglect could lead to other forms of elder abuse, permanent disability, and death. In many states, waiting too long can also keep you from seeking legal justice due to statutes of limitations. Some authorities to contact include: Police – Can remove residents and conduct investigations into alleged neglect. Adult Protective Services (APS) – Can conduct welfare checks and investigate non-urgent reports of neglect. Long-term care ombudsman – Can address your concerns and investigate signs of neglect on your behalf. Finally, you’ll want to contact a nursing home abuse lawyer, who will help pursue compensation for medical treatments and therapy in relation to neglect. Other things you can do to prevent neglect is making regular calls and visits to the nursing home, watching for signs of neglect, and document everything, no matter how small or inconsequential. Most importantly, always believe your loved one when they talk about being neglected. Just because a nursing home looks good on paper, doesn’t mean it is, or that it will degrade in the future.

Back in 2019, Nicolas Cage married his then girlfriend Erika Koike after “drinking to the point of intoxication.” Cage, as a lot of people do when in the throes of infatuation, acted on impulse. Four days later, he claimed the marriage was fraud as he was not fully aware of the extent of a relationship between Koike and another person, nor did she disclose her criminal history. Throwing caution to the wind and getting married in front of an Elvis impersonator at a small chapel just off the strip happens all the time. Your first instinct upon realizing what happened the next morning may be to get the marriage annulled as fast as possible. But what happens when you decide to get married in a state like California and have come to regret the decision, or previously undisclosed information suddenly comes to light? Is annulment right for you? First, you must understand the difference between annulment and divorce Annulment declares a marriage was never valid. Under the law, the marriage never existed. Divorce is a legal dissolution or termination of a valid marriage. The marriage will always be recognized as having existed under the law. California Requirements for Annulment Unlike a divorce, in which a specific reason for wrongdoing is unnecessary to begin the process, someone filing for an annulment in California must prove under oath that the statute of limitations has not passed and at least one of the following requirements are met: Related – The parties are found to be related by blood. (No limitations.) Bigamy – One party was already married to someone else at the time of the marriage. (Must file while the previous spouse is still alive.) Underage – The person filing was under 18 at the time of the marriage. (Must file within four years of turning 18). Fraud or Force – Fraud was involved that goes to the essence of why the marriage occurred, or one party was forced into the marriage. (Must be filed within four years from the discovery of the fraud.) Physical Incapacity – One party is unable to consummate the marriage. (Must file within four years of the marriage.) Unsound Mind – One party has a mental illness that keeps them from understanding the concept and duties of a marriage (Must file before one or the other party has died; a conservator may also file in this instance.) Other Considerations Other considerations one might take into account when deciding whether to file for an annulment are asset division, spousal and child support, and custody. Because annulment invalidates the marriage, property isn’t protected as it is under a divorce, nor are you guaranteed spousal support or survivorship benefits. Filing If you meet at least one of the above requirements, it is best to speak to an attorney about filing the paperwork. However, if you wish to file on your own, go to https://selfhelp.courts.ca.gov/divorce-california/annulment/start for more information or download the paperwork at https://www.courts.ca.gov/1246.htm.

What happens after and uncoupling? You have questions; we have answers. I want to pretend my marriage never happened. Can I get it annulled? As unromantic as it sounds, marriage is, in part, a business arrangement. Simply wanting to pretend it did not happen or being unhappy is not enough to annul a marriage. No worries though. No matter how short or long you have been married, California is a no-fault divorce state, and you are entitled to a divorce if you want one. If you are considering an annulment, speak with an attorney to see if you can; otherwise, divorce it is. My ex is dragging out the divorce process and I am ready to get remarried. Is there a way to stop this? This is a super frustrating situation. Divorce is emotionally taxing, mentally draining, and can be financially devastating. So when you are done, you want to be done. You can ask the court to grant you divorce status so that you are legally single, even if you haven’t figured out all the property, support, custody, and other issues. You can also ask the court to start moving the case toward trial if it doesn’t look like you will reach an agreement. My ex is cohabitating and I am paying spousal support. Is there anything I can do? First, look at your divorce judgment to see what it says. In many cases you will be able to modify spousal support if your ex is living in a marital type relationship and has established a new standard of living. You may also be able to modify spousal support if the need for spousal support goes down. For example, someone else is assisting with their bills or they are making more money. I am in the middle of a divorce. If I die now, who inherits? It depends. Simply filing for divorce or being in a divorce proceeding does not change who inherits. Therefore, your current Will or Trust will stay in control. If there is neither of those, then your spouse will inherit some of the community and separate property. If you are getting divorced or separated, it is important to revisit your estate plan so that you can make sure that the people you want to inherit do so properly. 11 years together – never married – and we just separated. What happens now? Marriage certainly has its benefits. One is making sure that each person has rights to property and support. California does not recognize common law marriage, so if you are not legally married you are not married. This means that on separation you can take what is yours. But if there is any jointly owned property, you will have to file a civil lawsuit. Family law courts do not handle the division of non-marital property, but they will handle child custody, visitation, and child support, even when you are not married. My dogs are my family. How will the family law court treat my dogs? In 2019 California passed AB2274, a law that requires family law courts to award custody of a pet based on what is in the pet’s best interest. This could be individual or shared custody agreements. The law is specifically directed at pets. Therefore, I recommend individuals with animals reach out to a family law attorney to determine how the laws can help protect their animals and pets. Do you have questions about your current situation? Need solid advice and advocacy? Rachel King is an attorney licensed to practice law in California, Arizona, and Kentucky. She is the supervising attorney at King Law Firm Attorneys at Law, Inc. Throughout her career she has represented thousands of clients and is an experienced trial attorney. Rachel is a down-to-earth, fierce, and trustworthy advocate for her clients. Contact her today!

Becoming a guardian is an admirable thing to do. Guardianship protects children but does not strip away the rights of the biological parents. In other words, once the parents are again able to provide the child a safe environment, the child may return to them safely. However, there may be occasions when the biological parents are never able to properly care for their child. When this happens, it may be time to sever all rights the biological parents may have by officially adopting the child. Below are five steps to go from guardianship to adoption of a ward. 1. Ask the child if they would like to live with you permanently Depending on their age, the court may ask the child directly if they would like to be adopted. Talking to the child about what adoption would mean and why you would like to adopt them makes sure they are mentally ready for the next steps, and that it is the right course of action. If the child is younger, having this conversation with them will ensure that what you are doing doesn’t frighten them or cause friction later. If the child is closer to 18, it may be best to remain a guardian. 2. Contact an adoption lawyer If both the guardian and the child are in agreement that adoption is appropriate, the next step is to hire an adoption lawyer. This will help ensure the process runs smooth and that all paperwork is done correctly. A good adoption attorney will also walk you through the process with ease and help fight for you when it comes to objections from the biological parents. 3. Obtain a home study In California, the guardian must first obtain a home study to adopt a child. A home study helps the state verify that the home is stable, answers any questions you may have, and helps you understand all adoption opportunities. The process may feel overwhelming at first, as it requires individual interviews, home visits, background checks, physical exams, and the verification of financial and employment records, but it’s the best, most thorough way to verify the adoption is in the best interest of the child. 4. Finalize the guardianship to adoption process in court Whether the biological parents voluntarily agree to terminate their parental rights or the court mandates such termination, the final step for adoption is getting a judge to finalize the adoption. Contact King Law Firm Attorneys at Law, Inc. for more information and a complimentary consultation.

People change, jobs change, environments change. When you have children, these changes can become complicated and stressful, especially if it means relocating a child out of state. Whether you have custody or guardianship over a child, if another parent or family member is still in the picture, moving with a child can become complicated, especially if one fails to adhere to court agreements. Below are a few things to know before deciding to move a child out of state. Custody vs. Guardianship Custody is when someone has full (or shared) responsibility over a child. Sole custody gives the bulk of the responsibility to one parent (and visitation to another) while joint custody gives responsibility and shared living arrangements to both parents. Guardianship, meanwhile, grants responsibility of a child over to a non-biological caretaker. This means the biological parents may still be in the picture but have been deemed unable to provide a healthy life for the child. Relocation as a Primary Custodial Parent Whether moving for a job, a change of scenery, or a better education, the primary custodian (aka the parent for which the child lives the most) should review the custody arrangement before making any final decisions. If the primary custodian is moving outside of a court-approved radius, they must provide the court and the non-custodial parent written notice about their decision 45 days prior to the move. This gives the secondary custodian time to contest it. Parents with sole custody usually have a presumptive right to move out of state, however, a parent with joint custody who wants to move a child out of state must file a move-away order. Factors a judge will consider during a move-away hearing include: The distance of the move The emotional, environmental, educational, and physical needs of the child The child’s relationship with the parents Whether there’s a support system in place in the new location If granted, the move-away order would force the modification of the original custody arrangement, which may not always go in favor of the primary custodian. Relocation as a Guardian Unlike custody, guardianship is much more involved when choosing to move a ward out of state. In California, the guardian must fill out the following forms and submit them to the court 45 days prior to moving: Petition to Fix Residence Outside of the State of California (Form GC-085) Notice of Hearing – Guardianship or Conservatorship (Form GC-020) Order Fixing Residence Outside of the State of California (Form GC-090) These forms must also be served to all interested parties, including the biological parents, within 15 days of the move. Should an interested party object, a hearing will decide if relocation is in the best interest of the child. If the move is granted, the guardian will need to file for guardianship in the new state and relinquish their guardianship in the old state. If this all seems overwhelming, contact a family lawyer who can help mitigate the stress.