When Both Parents Are Deemed Unfit: The Grandparents’ Path to Guardianship in Los Angeles

At Land Legal Group, our Los Angeles family law attorneys understand how heartbreaking and complex it can be when family members are forced to take legal action to protect a child. When both parents are deemed unfit due to substance abuse, neglect, mental health issues, incarceration, or abandonment, concerned grandparents may feel a moral and emotional obligation to step forward.

Fortunately, California law allows grandparents to seek legal guardianship in such cases, but the process can be complex without experienced legal guidance. Here’s what you need to know about how the guardianship process works—and how to position yourself as a trusted caregiver in the eyes of the court.

What Does It Mean for Parents to Be Deemed Unfit?

The court does not take away a parent’s rights lightly. A parent is considered legally unfit when they are unable to provide a safe, stable, and supportive environment for the child.

This determination may be made in the context of a juvenile dependency case, a family court dispute, or as part of a petition for guardianship.

Common reasons a parent may be deemed unfit include:

• Ongoing substance abuse.
• Physical or emotional abuse.
• Criminal activity or incarceration.
• Mental illness that affects parenting capacity.
• Chronic neglect or abandonment.

In cases where both parents are deemed unfit, the child may be placed in foster care unless a qualified relative—such as a grandparent—steps forward.

Legal Guardianship vs. Informal Custody

Many grandparents provide care informally, but without legal guardianship, they have no decision-making power over the child’s education, healthcare, or well-being.

A formal legal guardianship grants the grandparent legal authority to act in the child’s best interests, similar to a parent.

This includes the ability to:

• Enroll the child in school.
• Approve medical care.
• Apply for benefits on the child’s behalf.
• Make day-to-day parenting decisions.

Guardianship does not terminate parental rights, but it does give the grandparent temporary legal responsibility until the court decides otherwise or until the child reaches adulthood.

How Grandparents Can Petition for Guardianship in California

The process to obtain guardianship involves multiple steps and strict legal requirements.

To file for guardianship in Los Angeles County, a grandparent must:

• File a petition for guardianship in probate or juvenile court.
• Notify the child’s parents and other relatives.
• Undergo a court investigation and background check.
• Attend a court hearing where the judge evaluates the child’s best interests.

The court will prioritize the child’s safety, emotional needs, and sense of stability. A grandparent with a close relationship to the child and a clear caregiving plan is in a strong position to be granted guardianship.

Protecting a Child’s Future Starts with Legal Action

If both parents are unfit, stepping in as a grandparent can change the course of a child’s life—but only if the legal steps are handled correctly.

At Land Legal Group, our experienced Los Angeles family law attorneys have helped countless grandparents petition for and secure guardianship of at-risk children. We understand the emotional weight of these decisions and the legal complexities that come with them.

Let Us Help You Protect the Child You Love

If you’re a grandparent caring for a child whose parents are unable to provide a safe home, don’t wait. Our dedicated Los Angeles County guardianship attorneys at Land Legal Group will help you navigate the court system and fight for the stability your grandchild deserves.

Contact us today at (310) 552-3500 or online to schedule a private consultation and take the first step toward securing legal guardianship.

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