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Can potential guardians become ineligible?

You never want to see your child with someone dangerous, but there's also little to no way to know everything about another person. As someone who is now looking into taking on the guardianship of a child, you should know that there are actually steps in place to prevent injuries to children by reviewing the history of the potential guardian.

In California, those who have been convicted of crimes related to the qualifications to become a child's guardian will be ineligible to become a guardian. The individual will have a background check performed that shows his or her arrests and convictions at the state and federal level. This allows the Department of Justice (DOJ) to determine if the person appointed as a guardian is fit to be one.

Keep in mind that a child's guardian often controls his or her finances as well as other aspects of his or her life. For this reason, the courts want to make sure that the person doesn't have a history of violations that would make him or her unsuitable as a fiduciary. It should be noted that the judge has the discretion to make exceptions in some cases and will make a decision based on the overall welfare of the child.

What should you do if you have black marks in your past?

The best thing is to be honest and show how you've overcome the mistakes you made in the past. Since judges have discretion, they'll place a child anywhere they believe is a safe and property home. That gives you a chance to show why you're the right choice.

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