Legal Question in Family Law in California

grandmother was primary caretaker for grandchild both parents are not making right decisions. grandchild is in need of dental treatment and immunizations are needed. this is a 2 yr old child,that has been left in the care of an alcoholic/drug user the grandmother filed for temporary guardianship during at which time she let the mother of child have her monthly visit ...the mother was served wth papers,.refuses to let child see grandmother,and has filed for child support after being served court papers.

the father has signed a consent form agreeing to guardianship now the mother of child has refused to let child see her father and grandmother........there is no court order on custody yet.........mother lives in monterey county and father lives in ventura county.........mother had 3 of her children from previous marriage taken from her

custody and has a child support case filed against her...........how do we get child in our custody until the next court hearing for guardianship comes up


Asked on 7/26/09, 11:23 am

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

A little bit confusing but it seems as though you have already filed for temporary guardianship (which is part of a regular guardianship case). If the court does award you temporary guardianship and the mother of child refuses to hand the child over, she'd be in contempt of court and could be arrested.

Temporary guardianship is awarded until the final guardianship judgment of the court. But I'm not sure why you haven't had a temporary guardianship hearing yet, usually it's only a few days after the petition for guardianship is filed if there are facts that justify your temporary guardianship of the child pending the general guardianship case.

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Answered on 7/27/09, 1:42 am


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