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A temporary guardianship applied for only with a permanent guardianship case open with the Court or applied for at the same time, its hearing set approximately 30 days from the date of filing; emergency temporary custody orders (TCO) requested by filing an ex parte order for temporary custody, typically reviewed by the judge within three to five business days; filing fees paid on the first documents that open a case, and a court investigation fee of $380.00 for relative guardianships and $300.00 for non-relative guardianships; a waiver of the filing and investigation fees sought on forms FW-001 and FW-003 and FW-002 and FW-004, each proposed guardian preparing a separate set, a waiver good for a six month period; both biological parents and any other interested parties served with the guardianship paperwork; and guardianship form packets for purchase at the Family Court Services Clerk's office (800 11th Street, Room 221, Modesto; open 8:00 a.m. to 12:00 p.m.), with help completing the paperwork from a Self-Help clerk (800 11th Street, Second Floor, Room 220).
California > Fifth Appellate District > Stanislaus County > Superior Court of California, County of Stanislaus
Guardianship FAQs How fast can I obtain a temporary guardianship order? In order to apply for temporary guardianship you must first have a permanent guardianship case open with the Court or apply for permanent guardianship at the same time you apply for temporary guardianship. The hearing for the temporary guardianship will be set approximately 30 days from the date of filing. How fast can I obtain emergency temporary custody orders within a guardianship case? A temporary custody order (TCO) can be requested when there are immediate or emergency needs to be addressed for the minor child/children. If the request is granted by the judge, the TCO can be used to retain temporary custody of the child pending the hearing on the appointment of the temporary or permanent guardian. In order to apply for emergency custody orders you must first file an ex parte order for temporary custody. These orders typically take three to five business days for the judge to review and either grant or deny the request. Do I have to pay any fees to file my documents? Filing fees are required to be paid upon the filing of your first documents that open a case. If you are filing any additional documents, you can expect to pay the filing fee that is in effect as of the date of your filing. Please refer to the "Fee Schedule" link on the left side of this web page for current fee information. In addition, you will be required to pay a court investigation fee for the Court to investigate the circumstances regarding the proposed guardians The fees are as follows: $380.00 for relative guardianships (proposed guardians are relatives of the minor) $300.00 for non-relative guardianships (proposed guardians are not related to the minor) What if I cannot afford to pay my filing fees? You may be eligible for a waiver of fees. Ask the clerk for a fee waiver packet and review the information sheet to see if you qualify. You must file an Application for Waiver of Court Fees and Costs as well as an Application for Waiver of Additional Court Fees and costs in order to waive the filing fees and the investigation fees. Each proposed guardian must prepare a separate set of applications and orders. File the following forms: FW-001 - Application for Waiver of Court Fees and Costs (Fee Waiver) FW-003 - Order On Application for Waiver of Court Fees and Costs FW-002 - Application for Waiver of Additional Court Fees and Costs FW-004 - Order On Application for Waiver of Additional Court Fees and Costs You will need to submit your orders and the applications to the Court for review when you go to file your paperwork to open the case. Important Note: If fees are waived, your waiver is only good for a six month period and the Court may order payment of the waived fees and costs at a later date. Where can I get additional information or assistance? The following is a list of websites and resources available that you can copy and paste into your browser: Judicial Council, Self Help Online. Excellent resource that explains the role of a guardian, the process and has forms available online to complete and file with the Clerk's Office. The Superior Court of California, County of Stanislaus, Local Rules, Guardianships. Facts About Guardianship - online questions and answers posted by Legal Services for Children: http://www.lsc-sf.org The Guardianship Book - How to Become a Child's Guardian in California: by Nolo Press, Berkeley, CA - available for free use in your public library or at the Stanislaus County Law Library. Stanislaus County Law Library, 1300 K Street, Modesto, CA: http://www.stanislauslawlibrary.arrival.net/index.htm Self-Help Center, The Superior Court of California, County of Stanislaus. Do I have to pay any fees to file my documents? Filing fees are required to be paid upon the filing of your first document that opens a case or upon filing your first paper in any case. If you are filing any additional documents, you can expect to pay the filing fee that is in effect as of the date of your filing. In addition, you will be required to pay a court investigation fee for the Court to investigate the circumstances regarding the proposed guardians. The fees are as follows: $380.00 for relative guardianships (proposed guardians are relatives of the minor) $300.00 for the non relative guardianships (proposed guardians are not related to the minor) What if I can't afford to pay my filing fees? You may be eligible for a waiver of fees. Ask the clerk for a fee waiver packet and review the information to see if you qualify. File the Application for Waiver of Court Fees and Costs along with the required information to verify your income. Submit the order to the Court for review. You must also file an Application for Waiver of Additional Court Fees and Costs for the Court to consider waiving the court investigation fees along with the Order on the Application for Waiver of Additional Court Fees and Costs. Important Note: If fees are waived, your waiver is only good for a six month period and the Court may order payment of the waived fees and costs at a later time. Who has to be served with the Guardianship paperwork? Both of the biological parents must be served with a copy of the guardianship paperwork. Any other interested parties involved in the case must also be served, but that is a determination you will have to make based on the circumstances of your particular case. What is a TCO? A temporary custody order (TCO) can be requested when there are immediate or emergency needs at issue for the minor child/children. If the request is granted by the judge, the TCO can be used to retain temporary custody of the children pending the hearing on the appointment of the temporary or permanent guardian.Who and what documents do I serve?Who and what documents do I serve? What happens when I go to court? At the time of your hearing several things may take place. The judge will review the case, question all appropriate parties and make a decision to either grant a petition or order or make an order of the Court to continue the matter over to another hearing date for further review. You do not necessarily need to be accompanied by an attorney - this is solely your choice whether or not you feel you need legal representation. Who and what documents do I serve? When filing documents with the Court, you must serve all interested parties with a copy of the petition and the Notice of Hearing, as well as any other pertinent documents regarding the matter. Where can I get additional information or assistance? Books are available on this subject at your public library. The Guardianship Book - "How To Become a Child's Guardian in California" - By Nolo Press, Berkeley, CA. The Public Library is located at 1101 13th Street, Modesto, CA. Stanislaus County Law Library is located at 1300 K Street, Modesto, CA - http://www.stanislauslawlibrary.org/ Additional information is available through the Judicial Council Online Self-http://www.courts.ca.gov/selfhelp.htm Superior Court of California, County of Stanislaus - https://www.stanislaus.courts.ca.gov/ Local Rules of Court, Rule 8, Probate, Guardianship, Conservatorship and Adoption Rules are available online at the Court's website. Form packets are available for purchase at the Family Court Services Clerk's office at 800 11th Street, Room 221, Modesto, CA for Guardianship and Temporary Guardianship (used only if immediate orders for custody of a child/children are needed). The Family Court Services Clerk's office is open between the hours of 8:00 a.m. - 12:00 p.m. You may also request information about having your filing fee waived by asking for a Fee Waiver packet. Self Help Assistance - Assistance with completing Guardianship paperwork is available with a Self-Help clerk at 800 11th Street, Second Floor, Room 220, Modesto, CA. Family Law Facilitator's Office - The Facilitator's office is not able to assist with starting, changing or terminating a Guardianship. However, the Facilitator's office CAN help you get and collect child support from the child(ren)'s parents after a guardianship is established. Facts About Legal Guardianship - http://www.lsc-sf.org - Online questions and answers are posted by Legal Services for Children. Department of Child Support Services for Stanislaus County - Child support establishment and enforcement only - no assistance is available for establishing guardianship, however, child support can be collected from the child(ren)'s parents after a guardianship is established.
Guardianship FAQs How fast can I obtain a temporary guardianship order? In order to apply for temporary guardianship you must first have a permanent guardianship case open with the Court or apply for permanent guardianship at the same time you apply for temporary guardianship. The hearing for the temporary guardianship will be set approximately 30 days from the date of filing. How fast can I obtai
Reviewer note: Composed 2026-10-14 (California T4 Stanislaus build 2026-10-14) from BenchPath custody ca/t4/ca-stanislaus/pages/divisions__probate__guardianship-faqs.html (the page as fetched 2026-10-14; 657139 bytes, sha256 0b82491d13fbd19f9956ea78f77dc3bdc50779856d3d74c004a36f2772975179) with the Orange HTML composer (compose-site.py, the Judicial Council theme's area): the article's content sections (section.jcc-section), news bodies (div.jcc-news-full) and title banners (div.jcc-hero; the first banner's heading, the page title, is chrome) - the site header, menus, breadcrumb and footer lie outside them; each block starts a line and each table cell is set on its own line; chrome removed: 1 item (the page title, “Guardianship FAQs”); proof (the multiset of non-space characters equals the containers' text less chrome and scripts) passes. Review note: The page prints two sets of answers on fees and fee waivers, the same amounts in both. Rule 7.27(F) (carded with Rule 7, part four) refers parties to the clerk at Family Court Services for the current investigation fee; this page prints $380.00 and $300.00.
6 verbatim requirements on divisional requirements in GIUSEPPINA MIRANDA's division.
4 verbatim requirements on divisional requirements in HILARY CREARY's division.