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My parents are currently legal guardians of my 4 nieces and nephew. What can I do to take over the guardianships?

San Jose, CA |

Hi, my parents are currently legal guardian of my nieces and nephew due to their mom left them at a young age. Now that my parents are getting older and I don't want to act last minute. So I'm concern that the kids will be in foster care if no one step up. What legal right or advice of what I should take in order for me to take them under my care? Even though the mom is still here, but she are not capable of caring for her own kids. Can my parents have the right to assign the kids to me in advance? They are still well to still care for the kids.

Attorney Answers 1


  1. You can file a petition to have the guardianship transferred over to you. It would be helpful if your parents are in agreement.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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