Legal Question in Family Law in California

Child Custody with Maternal Grandma

My question is this: I was forced to give my mother guardianship of my 2 girls back in 92. I thought the guardianship was temp/turned out it was general and my mom had full legal custody of my girls. After my abusive and alcoholic marriage ended and I cleaned up with a 30 spin dry and 8 month long term program, the court terminated guardianhip, and my mom and I share joint legal and joint physical. Dad is out of state, with only visitation. I've been clean and sober for almost 5 years, active in church, same job for over 2 years, stable environment. Stayed sober even after paternal grandpa played touchy feely with my oldest daughter. Court won't terminate my mothers' legal hold. Even after MFCC therapist repeated has said the triange (mom, dad, and grandma) has been damaging to children. Dad's not interested in being a dad, he is unstable and doesn't have a phone or current residence for children to contact him. Grandma won't step out of the circle unless I agree to joint custody with dad. I won't do that. The girls' are with my parents every first and third weekends, I don't want to stop any of the visitaiton, I want my mother out of the custody circle, not out of my girls' life.


Asked on 7/24/00, 2:50 am

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Child Custody with Maternal Grandma

Two choices. File a motion under Probate Code section 1601 to terminate guardianship or move to have the guardianship consolidated with the old divorce case (assuming same county) and ask the family court to do its thing.

The advantage of the latter is threefold: ability to appoint minor's counsel, more experienced people re: this issue, ability to order gp to contribute to your attorney fees if otherwise appropriate.

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Answered on 9/12/00, 3:13 pm


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