How to Fill Out Form CIV-010/FL-935

Form CIV-010/FL-935 at a glance

What it is: CIV-010/FL-935 is the Application for Appointment of Guardian Ad Litem-Civil and Family Law.

Who signs: The signature lines are (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY), (TYPE OR PRINT NAME) (SIGNATURE OF APPLICANT) and (TYPE OR PRINT NAME) (SIGNATURE OF PROPOSED GUARDIAN AD LITEM).

This form is for use in a civil or family law proceeding in which a party is a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed.

NOTE: A person may not act as a guardian ad litem unless the person is represented by an attorney, is an attorney, or, in an action under the Uniform Parentage Act (Family Code, §§ 7600-7730), is an adult relative of a minor party.

A filled-in Form CIV-010/FL-935 example: a parent asks for a guardian ad litem for a minor

Form CIV-010/FL-935 example filled out, example: a parent asks for a guardian ad litem for a minor
Jane Ann Sample, a parent, asks the court for a guardian ad litem. Her son Tom, born May 4, 2015, is a minor party, so 4b and 4c stay empty. The picture shows page 1 only, and its names and figures are sample values. Her attorney, Carla M. Example, files for her and is the proposed guardian ad litem. Tom is the plaintiff and John Doe the defendant, so Other Parent/Party stays empty. Jane is only the parent, so the boxes for guardian, conservator, party, minor and other interested person stay empty. The application is not ex parte, so EX PARTE stays empty.

How to fill out Form CIV-010/FL-935, box by box

Attorney or party without attorney

Form CIV-010/FL-935 example filled out, attorney or party without attorney

Under Attorney or party without attorney, fill in state bar number, name, firm name, street address, city, state, zip code, telephone no., fax no., email address and attorney for (name).

Superior Court of California, County of

Form CIV-010/FL-935 example filled out, superior Court of California, County of

Under SUPERIOR COURT OF CALIFORNIA, COUNTY OF, fill in the county, the STREET ADDRESS, the MAILING ADDRESS, the CITY AND ZIP CODE and the BRANCH NAME.

Plaintiff/Petitioner, defendant/respondent and case number

Form CIV-010/FL-935 example filled out, plaintiff/Petitioner, defendant/respondent and case number

Fill in PLAINTIFF/PETITIONER, DEFENDANT/RESPONDENT, OTHER PARENT/PARTY and the CASE NUMBER.

I (applicant's name) am (check all that apply)

Form CIV-010/FL-935 example filled out, i (applicant's name) am (check all that apply)

Write your name after I (applicant's name) and check all that apply: a. the parent of (name), b. the guardian of (name), c. the conservator of (name), d. a party to the suit, e. the minor to be represented (if the minor is 14 years of age or older), f. another interested person (specify capacity).

Asking the court to appoint the following person as guardian ad litem

Form CIV-010/FL-935 example filled out, asking the court to appoint the following person as guardian ad litem

Write the name, address, phone number, and email address of the following person you are asking the court to appoint as guardian ad litem.

The guardian ad litem will represent the interest of

Form CIV-010/FL-935 example filled out, the guardian ad litem will represent the interest of

Write the name, address, and, if applicable, phone number and email address for the interest the guardian ad litem will represent.

Item 4, what the person named in item 3 is

Form CIV-010/FL-935 example filled out, item 4, what the person named in item 3 is

In item 4, the person named in item 3 is a party and is (check all that apply): a. a minor (date of birth), b. a person who lacks legal capacity to make decisions (explain the basis for claiming lack of capacity), c. a person for whom a conservator has been appointed (provide the details of the appointment).

Item 5, a minor in this action

Form CIV-010/FL-935 example filled out, item 5, a minor in this action

In item 5, the person named in item 3 is a minor and is (check one): a. a plaintiff or petitioner in this action and the summons has not been issued. b. a defendant or respondent in this action. More than 10 days have passed since service of the summons, and no one has applied for the appointment of a guardian ad litem.

Item 6, why I am asking the court to appoint a guardian ad litem

Form CIV-010/FL-935 example filled out, item 6, why I am asking the court to appoint a guardian ad litem

In item 6, check all that apply: a. the person named in item 3 is a minor who is a party to an action under the Uniform Parentage Act (Family Code, §§ 7600-7730).

Check all that apply because the person named in item 3: "is a minor who is requesting or opposing a request for an injunction or restraining order described in Code of Civil Procedure sections 374(a) and 372(b)(1)."

If the minor is 12 years of age or older, check one of the following: the minor does, or does not, object to the appointment of the person named in item 2, or I don't know whether the minor objects to the appointment of the person named in item 2.

Check all that apply because the person named in item 3: c. has no guardian or conservator of the estate.

Check all that apply because the person named in item 3: d. has a guardian or conservator of the estate, but the guardian or conservator is inadequate to represent the person's interest in this action or proceeding because (explain); the guardian or conservator of the estate is (name, address, telephone number, and email address). After filing this application, you must give notice and a copy of the application to the guardian or conservator of the estate. Continued on Attachment 6d.

Item 7 and I declare under penalty of perjury

Form CIV-010/FL-935 example filled out, item 7 and I declare under penalty of perjury

The proposed guardian ad litem is fully competent and qualified to understand and protect the rights of the person named in item 3.

"I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct." Date:

Common questions about Form CIV-010/FL-935

When is this form not the right one?

A person who seeks the appointment of a guardian ad litem in a proceeding under the Probate Code, other than a proceeding under Probate Code sections 3500-3613 for approval of a compromise, settlement, or disposition of judgment proceeds, should use form DE-350/GC-100.

Sources

[1] Form CIV-010/FL-935 (Rev. January 1, 2024), Application for Appointment of Guardian ad Litem-Civil and Family Law, Judicial Council of California (the Official source link on this page).

California Guardian Litem Form PDF Details

In the heart of the Golden State's legal system lies a pivotal document that is particularly significant for those under 18, individuals with disabilities, or others who might not be able to represent themselves fully in court proceedings: the California Guardian ad Litem form. This essential form serves as a gateway for appointing a responsible adult, known as a guardian ad litem, to stand in and advocate on behalf of the person needing representation during legal battles. This crucial process ensures that the rights and interests of the most vulnerable are safeguarded in a manner that respects their dignity and acknowledges their requirements. By filling out this form, a guardian ad litem is granted the authority to make legal decisions, encompassing but not limited to, litigations regarding custody disputes, personal injury claims, and estate matters, ensuring that the voice of those they represent is heard loud and clear in the halls of justice. The form itself navigates through the requisite details and specifications needed to appoint a guardian ad litem, underscoring its pivotal role in the legal system of California.

QuestionAnswer
Form NameCalifornia Guardian Litem Form
Form Length2 pages
Fillable?Yes
Fillable fields76
Avg. time to fill out30 sec
Other namesad litem application, petition for guardian ad litem, form civ, form civ 010