Legal Question in Family Law in California

Guardianship of my Grandson

Hello my question is simple. I have had legal guardianship of my (5yr old) grandson for over a year. His mother is deceased and my son is his father. My son gave me the gaurdianship volentaryly. I am in a realationship that is not working out, I want to move, but my parents (my grandsons Great Grandparents) are threating to take the gaurdianship back to court and change it. They have no reason other than they do not want me to end the realationship I am unhappy in. My question is can they change the guardianship order? How hard is it to do? I work full time, and can provide a home for us.

Thank You for your time

Denise


Asked on 12/03/03, 3:43 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Guardianship of my Grandson

Just to give you a little more comfort, let me chime in a concurrence with my colleague. It sounds like they are just "blowing smoke". Objecting to your continued guardianship just because they object to you divorcing from your husband sounds like a trivial, even silly, reason to base a challenge on. And, they would have to take you to court to do it, and the burden of proof will be on them. And, your son will probably have an opportunity to be heard, too, since this was his voluntary choice. And, at their probable advanced ages, the court will probably view them skeptically anyway. I would be a bit surprised if they carried through on their threat, but be prepared if they try by immediately contacting a local attorney if the smoke turns to fire.

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Answered on 12/03/03, 9:34 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Guardianship of my Grandson

In a general sense, there would have to be a legal basis to change the guardianship and it would have to be in the childs' best interest. Absent more inforation, it sounds like an empty threat.

For a specific opinion as to your individual situation, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/03/03, 4:54 pm


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