Can a parent sign guardianship over to a relative for a child who has been in foster care for 4 years?

Asked over 2 years ago - Redding, CA

My son was taken in 2007 from my home in california. He will be 12 years old in August 2012. Can I give guardianship to somebody who has had foster kids before? If so, can the child be out of cps?

Attorney answers (3)

  1. Hillary Johns

    Contributor Level 19

    Answered . Not necessariliy. You ought to consult with a family law lawyer in your area regarding a guardianship and how to proceed. It sounds like there's a long case history here which you haven't mentioned and those facts would be relevant to an adjudication in a case such as the one you've described.

  2. Michael Roger Schneider

    Contributor Level 14

    Answered . Unfortunately, if the child is in foster care through CPS, then you have no power at all to give custody or guardianship to anyone. Only CPS can do that. Sorry!

  3. David Paley Schwarz


    Contributor Level 6

    Answered . No you cannot that person needs to go through the process as you did. But they probably will succeed if you support the guardianship

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Guardianship and child custody

A guardianship is a legal arrangement for who will have custody and be responsible for the care of child, or "ward." The guardian acts in the child's interests.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,750 answers this week

2,895 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,750 answers this week

2,895 attorneys answering