San Joaquin — Instruction for Objection to Guardianship

Source: https://www.sjcourts.org/sites/default/files/forms/2026-02/Objection-to-Guardianship-Instructions.pdf

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN JOAQUIN 315 W. ELM STREET LODI, CA 95240

OBJECTION TO GUARDIANSHIP
FORMS ARE AVAILABLE ON THE INTERNET AT
https://www.sjcourts.org/forms-filing/local-forms/

GENERAL INFORMATION

In order to file for Objection to Guardianship the following documents are required:
• Objection to Guardianship
• Proof of Service of Objection to Guardianship

FILING AND NOTICE REQUIREMENTS

Complete the Documents as shown in the samples in this packet. Make a copy for each
person that needs to be served. Service needs to go to everyone served with the Petition for
Guardianship, generally that is:
• Parents of the Minor;
• Paternal Grandparents of the Minor;
• Maternal Grandparents of the Minor;
• The Minor, if he or she is 12 years old or older;
• Siblings of the Minor, if he or she is 12 years old or older.

The Objection can be served by mail or personal service. Have someone OTHER THAN
YOURSELF AND OVER THE AGE OF 18 serve the other parties with the Objection
and Proof of Service. Have the person who served the parties sign and date the Proof of
Service (page 3).

Now you need to file the documents with the court. You will need an original and two
copies of the Objection and Proof of Service. The original should be unstapled but paper
clipped or kept together in some other manner. There is not a filing fee if a parent is filing
the objection in San Joaquin County. If the individual filing is someone other than the
parent there is a filing fee of $180.00. Other counties may charge differently. Fee waivers
are available for those who qualify. File your documents at the Probate Division of the
Clerk’s office on the 4th Floor. They will keep the original documents and return endorsed
filed copies to you.

Disclaimer: This Guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the San Joaquin County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address): FOR COURT USE ONLY YOUR NAME YOUR STREET ADDRESS YOUR CITY, STATE, ZIP TELEPHONE NO: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): IN PRO PER SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN STREET ADDRESS: 315 W. ELM STREET MAILING ADDRESS: 315 W. ELM STREET CITY AND ZIP CODE: LODI, CA 95240 BRANCH OF NAME: LODI GUARDIANSHIP OF (Name): CASE NUMBER: MINORS NAME CASE NUMBER

HEARING:DATE:

OBJECTION TO PETITION FOR APPOINTMENT OF GUARDIAN DEPT: TIME:

I, ________________________________________,YOUR NAME Objector, states as follows:

1. I am related to the child as the mother father stepparent grandparent Other:

---

2. I object to the petition for appointment of guardian(s) of the person and estate in this proceeding, on the following grounds: No reason exits for the removal of the minor from the custody and control of the minor’s parent(s) Objector is entitled to be appointed Guardian of the person estate of the minor in preference to the Proposed Guardian The Proposed Guardian is unfit. The minor has nominated another person in place of the Proposed Guardian. No Guardianship of the minor is necessary. Other:

3. The reasons for this objection are:

   EXPLAIN WHY THIS PERSON IS NOT
   SUITABLE AS A GUARDIAN AND/OR WHY
   A GUARDIAN IS NOT NEEDED

   YOU CAN MARK THE BOX AND ATTACH FORM MC-020, IF
   YOU NEED ADDITIONAL SPACE. DOWNLOAD THE FORM Continued on Attachment 3
   FROM: https://www.courts.ca.gov/documents/mc020.pdf

PR-**** [Rev 7/1/19] Page 2 of 3 OBJECTION TO PETITION FOR APPOINTMENT OF GUARDIAN

GUARDIANSHIP OF (Name): CASE NUMBER: MINORS NAME CASE NUMBER

4. Instead of the Proposed Guardian, Objector believes it is in the best interest of the minor that

________________________________________ be appointed guardian of the person and NAME OF ALTERNATE GUARDIAN es tate.

WHEREFORE, Objector requests that:

The Court deny the Petition for Appointment of Guardian filed; NAME OF ALTERNATE GUARDIAN _____________________________________, be appointed Guardian(s) of the Minor;

Petitioner be ordered to return the minor(s) to the care, custody and control of the Objector;

Other:

And for such other relief as the Court may deem proper. DATE HERE SIGN HEREDate: Objector (Signature)

VERIFICATION

YOUR NAME

I, __________________________________________________, am the Objector in the above- entitled proceeding have read the foregoing objection and know the contents thereof. The same is true of my own knowledge, except as to those matters which are stated on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATE HERE SIGN HEREDate: Objector (Signature)

PR-**** [Rev 7/1/19] Page 3 of 3 OBJECTION TO PETITION FOR APPOINTMENT OF GUARDIAN

GUARDIANSHIP OF (Name): CASE NUMBER: MINORS NAME CASE NUMBER

PROOF OF SERVICE OF OBJECTION

1. I am over the age of 18 and not a party to this action. I am a resident or employed in the county where the mailing occurred.

2. My residence or business address is: ADDRESS OF PERSON WHO WILL SERVE THE PARTIES

3. I served the foregoing Objection to Petition for Appointment of Guardian on each person named below by enclosing a copy in an envelope addressed as shown below AND depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4 with the postage fully prepaid. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with the business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United State Postal Service in a sealed envelope with postage fully prepaid.

4. Date Mailed: Placed mailed (city, state): CITY AND STATE WHERE DATE MAILEDI declare under penalty of perjury, of the laws of the State of California that the foregoing is true and MAILED FROM correct of my own knowledge. Date: DATE HERE PERSON WHO SERVED PARTIES SIGN PRINT NAME OF PERSON WHO SERVED (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM) Areas highlighted green are NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED completed AFTER copies are mailed Name of person served Address (number, street, city, state and zip code) t th ti1. ADDRESS OF PARTY BEING NAME OF PARTY BEING SERVED SERVED

PR-**** [Rev 7/1/19] Page 4 of 3 PROOF OF SERVICE TO OBJECTION TO PETITION FOR APPOINTMENT OF GUARDIAN