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Brian A. Victor
Rated by Super Lawyers

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Brian A. Victor
Rated by Super Lawyers

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Super Lawyers 2017 California Rising Stars Logo

Super Lawyers 2016 California Rising Stars Logo

Super Lawyers 2015 California Rising Stars Logo

Top 10 Family Attorneys

Testimonial – Client, Tess B.

“From the moment that I filed for divorce and child custody, I had 100% confidence in Brian. Each step of the way he kept me informed and prepared. I found his knowledge and background with divorce and child custody to be more than comforting. He was prompt in all responses or concerns that I had as well. I will most definitely refer a friend to him for his services and I would hire him again in a heartbeat should that ever be necessary. Thanks Brian!" Read more

San Diego Guardianship Lawyer

This is the legal process where Probate Court appoints a relative to care for a minor child when their parents are unable to do so due to drugs, alcohol abuse, criminal history, or other inability. When granted guardianship of a minor child, the guardian assumes the legal responsibility of caring for the child and makes day to day decisions regarding the health, education, and welfare of the child. The guardian is also able to enroll the child in school.

San Diego guardianship lawyer Brian A. Victor conducted guardianship investigations for the Probate Court and assessed whether or not guardianship was necessary. He wrote guardianship reports to the Probate Court while working at Family Court Services recommending or denying guardianship for relative caretakers. Attorney Victor understands what is required in order to obtain guardianship or oppose guardianship.

If you are a relative who sees a need for someone other than the child’s parents to care for them and you are willing to do so, or if you are a parent who is opposing guardianship, contact San Diego guardianship lawyer Brian A. Victor at the Law Offices of Brian A. Victor to represent you in Probate Court in your contested or uncontested guardianship matter.

FAQs for Guardianship

1. Does a legal guardian have to be related to the child?


No, a guardian does not have to be a relative of the child. Guardians can be grandparents, sisters and brothers, aunts and uncles, other relatives, foster parents, friends of the family, or someone else who knows the child. Non relative guardianship matters are usually handled through an investigation by Child Welfare Services while relative guardianship matters are generally handled by Probate Court via an investigation by Family Court Services. While working at Family Court Services, I was responsible for conducting these guardianship investigations and providing a recommendation to the Probate court judges.

2. What are some responsibilities of a guardian?


The guardian of a minor looks after the direct physical well-being of the minor. A guardian is also necessary to:

Provide a safe home for the child when their parents are not able to do so;
Provide a legal residence in order for the child to attend a public school;
Help make legal decisions for the child;
Provide day to day decisions regarding the welfare of the child.