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

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?

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Attorney answers 3


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.


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!


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

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