Question:
If I live in New Hampshire and I want to get guardianship of my grandson who lives in California, how do I ask a California courts’ permission to start a guardianship in my state?
Response:
You can’t. Unfortunately, interstate guardianship involves a several-step process. You will have to start by obtaining guardianship over your grandson in California. That’s because probate courts can only take jurisdiction over people in their own states.
After you have been appointed guardian, you can move your grandson to New Hampshire and obtain guardianship over him in your state. You may have to seek explicit permission from a court in California to make the move. After the guardianship has been established in New Hampshire, you will be able to terminate the guardianship in California.
The process would be a bit easier if your grandson were an adult because almost all states, including California and New Hampshire, have passed the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
