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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I would like to file guardianship niece. She

Customer Question

I would like to file for legal guardianship for my niece. She is 13. Her father lives in California and her mother lives in Russia. My niece would like to go to school in the school district where I live (in Bath, NY). Both her parents consent. What documents do we need to file for legal guardianship from her parents (particularly, her mother who lives in Russia)?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
You will have to file a suit, specifically a Petition for Appointment of Temporary Guardian over your niece in the Probate Court of the CA County in which she is presently living. Both parents will have to give their permission for the guardianship.
Here is some information about the establishment of a Guardianship under CA law as well as a list of forms that will be needed. The forms are for the most part good in all CA counties, with a few specific forms such as affidavits tailored for individual counties.
http://www.ventura.courts.ca.gov/form_packets/Guardianship.pdf
The CA forms that you will need are as follows:
GC-110
GC-140
GC-150
FL-105/GC-1206
GC-248
As well as numerous other forms. While you can attempt to do this yourself, you would be well advised to have a family law attorney or a probate attorney located in CA assist you.
The forms can be found here:
http://www.courts.ca.gov/forms.htm?filter=GC
The mother will need to give her written consent to the Guardianship and may do so from Russia.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug