Legal Question in Family Law in California

guardianship

Hello,

My husband and I have legal guardianship of his grandaughter, who is now 3. We have had guardianship since her birth. Her mother now wants to try and get legal rights to her. She was 16 at the time of her birth, and has since had no part in her care. She is now married and 19 and thinks that she can just take her from us. Is that possible? What rights does she have? Would she have to take us to court and try and get legal custody of her daughter? Does the judge look at what is the best interest of the child, or does the mother automatically just get her back? Can you please advise me on this.

Thank you


Asked on 11/21/01, 5:07 pm

3 Answers from Attorneys
E. Stassinos Elias Stassinos, Esq.

Re: guardianship

The court does look at the best interest of the child

If you have more questions, let me know:

[email protected]

310-880-9404

www.StassinosLaw.com

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Answered on 11/21/01, 6:11 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: guardianship

What is in the best interest of the child is the standard that the Court will use. The paternal parents always have priority over guardian's in these types of proceedings, however based upon the facts you just stated it seems like you have a great case to remain the guardian. If you are in SoCal you may call me for a free consultation at 818-998-1584

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Answered on 11/21/01, 6:11 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: guardianship

The guardian has custody until the court terminates the guardianship. The grandparents should not give the child to mom until the court terminates the guradianship. Visitation would be appropriate, unless there is danger of the child being taken or harmed.

In your case we have a non parent with custody and the parent requesting custody. The standard is not the best interests of the child, rather the non-parent custodian must show that giving custody of the child to the parent would be detrimental to the child.

The lack of contact by mom and the trauma of a sudden change of custody could well be detrimental to the child.

You should hire an attorney to represent you in this matter.

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Answered on 12/30/01, 12:34 am


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