Free GC-110(P) Petition for Appointment of Temporary Guardian of the Person - California

GC-110(P)

Petition for Appointment of Temporary Guardian of the Person

Clerk stamps date here when form is filed.

Temporary guardianship of (all children's names): You may use this form or Petition for Appointment of Temporary Guardian or Conservator (form GC-110) to ask the court to appoint a temporary guardian of the person for a minor child. (You must use form GC-110 to ask for 1 appointment of a temporary guardian of a minor child's estate or person and estate.) You may use this form to request appointment of a temporary guardian for one or more than one child. A petition for appointment of a (general) guardian concerning this child or these children (form GC-210 or form GC-210(P)) must have already been filed in this case or filed with this petition. 1 Your name (include the names of all persons who are requesting the court to appoint them or the person named in 4 as temporary guardian of the child or children named above and in 6 . All must sign this form.): a. b.
2

Fill in court name and street address:

Superior Court of California, County of

Your address and telephone number: Street: City: State: Zip: Phone:

Clerk fills in case number when form is filed.

Apt.:

Case Number:

3

Your lawyer (if you have one): Name: Firm name, if any: Street: City: Phone: Fax (optional): State: E-mail (optional): Zip: Suite: Bar No.:

4

I/We want to be the temporary guardian of the child or children named in 6 . (Go to 5 .) I/We want the person or persons named here to be the temporary guardian of the child or children named above. Tell the court about the proposed guardian(s) below. Name(s):

Street: City: Phone: State: Zip:

Apt.:

I am the child or one of the children named in 6 and one of the persons named in 1 . I am at least 12 years old. I want the person named here to be my temporary guardian. My date of birth is (month/day/year):
Judicial Council of California, www.courtinfo.ca.gov Rev. January 1, 2009, Alternative Mandatory Form Instead of Form GC-110 Probate Code, § 2250; Cal. Rules of Court, rule 7.101

Petition for Appointment of Temporary Guardian of the Person
(Probate--Guardianships and Conservatorships)

GC-110(P), Page 1 of 4

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Temporary guardianship of (all children's names):

Case Number:

5

The relationship of the proposed temporary guardian named in 1 or 4 to the child or children named in 6 is (check all that apply):
Aunt Grandmother (father's mother) Uncle Grandfather (father's father) Brother (adult) Grandmother (mother's mother) Sister (adult) Grandfather (mother's father) Other Relative (explain relationship to child or children): Not related to the child or children (explain proposed guardian's interest in or connection to the child):

6

The child or children who need a temporary guardian are:
a. Child's full legal name: Child's current address:

Child's current phone number: b. Child's full legal name: Child's current address: Child's current phone number: Check here if you want a temporary guardian for additional children. Give the information asked above for each additional child on a separate sheet of paper. Write "Form GC-110(P)--Attachment 6: Additional Children" at the top of the paper and attach it to this form. 7

Why do the child or children in 6 need a temporary guardian right now?
The child or children need temporary care, maintenance, and support right now because (explain):

Check here if you need more space. Continue your explanation on a separate sheet of paper. Write "GC-110(P)--Item 7: Reasons for Appointment of Temporary Guardian" at the top of the paper and attach it to this form.
Rev. January 1, 2009

Petition for Appointment of Temporary Guardian of the Person
(Probate--Guardianships and Conservatorships)

GC-110(P), Page 2 of 4

Temporary guardianship of (all children's names):

Case Number:

8 9

Do I/we believe the child or children in 6 will go to the court hearing? I/We ask the court to:

Yes

No

a. Appoint the person named in 1 or 4 temporary guardian of the person of the child or children named in 6 and issue Letters of Temporary Guardianship of the Person. b. Order that I am/we are excused from having to give notice of the hearing on this petition for appointment of temporary guardian to (review the information given on the next page and check all items that apply below): (1) The child or children in 6 . (2) The child's father (name): (3) The child's mother (name): (4) A person other than a parent who has a court order for visitation with the child (name): Good cause exists for this request for the following reasons (explain, and include in your explanation efforts to find a person who could not be found):

Check here if you need more space. Continue your explanation on a separate sheet of paper. Write "Form GC-110(P)--Attachment 9: Request for a Good Cause Exception to Giving Notice" at the top of the paper and attach it to this form.
Rev. January 1, 2009

Petition for Appointment of Temporary Guardian of the Person
(Probate--Guardianships and Conservatorships)

GC-110(P), Page 3 of 4

Temporary guardianship of (all children's names):

Case Number:

INFORMATION ABOUT GIVING NOTICE OF THE HEARING ON YOUR PETITION AND REQUESTING A GOOD CAUSE EXCEPTION TO GIVING NOTICE
You must give at least five days advance written notice of the court hearing on your petition for appointment of a temporary guardian. The written notice must be personally delivered to (1) the child if he or she is at least 12 years old, (2) the child's parents, and (3) any person who has a valid and effective visitation order with the child. Written notice is given by delivering a filled-in copy of this petition and a filled-in copy of a Notice of Hearing--Guardianship or Conservatorship (form GC-020), showing the date, time, and place of the hearing and the title of this petition. See What Is "Proof of Service" in a Guardianship? (form GC-510) for more information on how to give notice in a guardianship and how to prove that you have given notice. The instructions in that form for personal service apply here, but the time limits for giving notice mentioned in that form do not apply to a temporary guardianship. There is much less time to complete this task when a petition for appointment of a temporary guardian is involved. The court may waive (excuse) or change the requirement of giving notice if you can show the court good cause why an exception should be made to the requirement of giving notice. This showing may be made by completing item 9b on page 3 of this form. If you want the court to waive notice to someone because he or she cannot be found, you must show the court that you have made reasonable efforts to find that person. See rules 7.52 and 7.1012 of the California Rules of Court for information on making reasonable efforts to find a person and on the good cause exception to notice of the hearing on a petition for appointment of a temporary guardian.

10 All attachments are made part of this form as though placed here. There are pages attached to this form. (If none, write "0.")

All persons named in 1 (petitioners) and their attorney (if they have one) must read and sign below.
Date:
Petitioner's Attorney types or prints name here Petitioner's Attorney signs here

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: Petitioner types or prints name here 6 Date: Petitioner types or prints name here Petitioner signs here Petitioner signs here

Rev. January 1, 2009

Petition for Appointment of Temporary Guardian of the Person
(Probate--Guardianships and Conservatorships)

GC-110(P), Page 4 of 4