What Happens at a Guardianship Hearing in California
Before the Hearing: Check Probate Notes
Three to five days before your scheduled hearing, check your county Superior Court's online probate notes (sometimes called "calendar notes"). Court staff post these to flag procedural issues — missing proofs of service, incomplete background checks, unsigned forms — that need to be resolved before the hearing can proceed.
If the notes list any deficiencies, address them immediately. A hearing continued because of a missing proof of service adds weeks to the timeline and means another trip to the courthouse.
Who Needs to Attend
- The petitioner (you). You must be present unless the court has specifically allowed a remote appearance.
- The proposed guardian (if different from the petitioner).
- The child, if 12 years or older. Children usually do not attend, but ask the clerk or self-help center about your court's practice. If a child age 12 or older wishes to address the judge, the judge must allow it unless doing so is not in the child's best interest.
- Your attorney, if you have one.
Parents who were properly served have the right to attend and be heard. They are not required to attend unless the court ordered their appearance. If a parent does not appear and was properly served, the court can proceed without them.
What the Courtroom Looks Like
California probate guardianship hearings are typically held in the probate department of the Superior Court. The atmosphere is less adversarial than a criminal or divorce proceeding. The judge sits on the bench, the petitioner (or their attorney) stands or sits at a table, and any responding parties are at a separate table.
Many California courts now allow remote appearances via Zoom or the court's video portal under California Rules of Court, Rule 3.672. Check with the clerk's office about whether your county permits remote attendance.
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What the Judge Reviews
The judge has already received the court investigator's confidential report before the hearing. This report contains:
- A summary of the home visit
- Background check results (Live Scan, DOJ, FBI, CACI)
- Interviews with you, the child, and the parents (if available)
- The investigator's recommendation
The hearing is the judge's opportunity to address anything in the report, hear from the parties, and resolve any objections.
If No One Objects
An uncontested hearing — where both parents consent, are absent, or have been served and did not respond — is usually brief. The judge confirms that notice was properly given, reviews the investigator's report and recommendation, asks the petitioner a few questions (such as confirming your relationship to the child and your understanding of the guardian's duties), and signs the order.
The entire hearing may take 10 to 20 minutes.
If a Parent Objects
A contested hearing is longer and more complex. The objecting parent has the right to present evidence and testimony about why the guardianship should not be granted. You (or your attorney) respond with your evidence — the circumstances that led to the child being in your care, the child's stability and wellbeing, and the investigator's findings.
The judge weighs parental preference and the child's best interest. If a parent objects, the judge must find that staying with the parent would be detrimental to the child and that guardianship is in the child's best interest. Family Court nonparent custody under Family Code Section 3041 requires clear and convincing evidence of both findings.
Contested hearings may be continued to a later date to allow for additional evidence or testimony.
After the Hearing: Getting Your Letters
If the judge grants the guardianship, they sign the Order Appointing Guardian (GC-240). The clerk then issues Letters of Guardianship (GC-250), which is the operative legal document proving your authority.
Get multiple certified copies of the Letters from the clerk — you will need them for the school, the child's doctor, benefits offices, and your bank. The clerk charges a per-copy fee (waived if you have an FW-003-GC fee waiver).
The Letters of Guardianship are what third parties accept as proof. The order itself stays in the court file; the Letters are what you carry.
Our California guardianship court process guide includes a hearing folder checklist and a pre-hearing preparation timeline to make sure nothing is missing on the day.
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