Legal Question in Family Law in California

My daughter is almost 5 years old her biological father is not in her life. my mother has always been very attached with my daughter and during the time i was living with her she felt she could be a better mother to my daughter or something but she filed papers in court for guardianship but never actually served me so i didnt show up in court she wins i knew nothing and when i plan to move out my parents start telling me that i cant take her until they feel i have a place that is good enough for my daughter and they showed me the court papers i moved out about 6 months later my daughter moves with me this is a year ago and my mother still has custody and now she is threatening me that if i dont let her take her whenever she wants she is going to call the police i went to the court to get the papers and moved i do not want to let my daughter leave with her for fear she will not bring her back, from a legal stand point what should i do? if she calls the police what can happen? what kind of visitations rights would she have if i take her to court? and can the use of medical marijuana affect me in this kind of case?


Asked on 10/13/10, 8:29 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

If you were never served you can move to set aside the order giving your mother the guardianship because the court lacked jurisdiction to make the order since you were not served and did not appear. You could also file a motion to modify the guardianship to restore your parental rights to custody of your child. The court will want to do a background investigation of your home and the child's living there. If you file a fee waiver request you can avoid paying for the modification and the investigation. Otherwise it is several hundred dollars. The background investigation will determine the affect of the medical marijuana on the child's well-being. The grandparents may be allowed visitation if that is appropriate. Since the grandparents have not enforced their guardianship rights they may have a difficult time showing the extent of their need for visitation.

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Answered on 10/18/10, 10:09 pm


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