WHO MAY FILE A PETITION FOR GUARDIANSHIP?
Any person may file a petition on a minor’s behalf for appointment of a guardian of the minor pursuant to California Probate Code § 1510. Thus, a nonparent’s status as such does not defeat standing to pursue a custody claim by filing a guardianship petition with the Probate Court. A non-parent petitioner need not allege “serious abuse, neglect or abandonment” by a parent but only that guardianship is “necessary or convenient” (Ca Probate Code § 1514(b)) and that parental custody is detrimental (Ca Family Code § 3041)].
