Legal Question in Family Law in California

Guardianship of a minor

Me and my Fiance are trying to obtain Guardianship over his son who is 3 years old. He has 49% custody but his ex has 51% and physical custody, she is on welfare and lives with her mother and her and her boyfriend and son live in the same room while we can provide a better life for my fiances son. We have a 3 bedroom home, his son has his own room, we both have jobs and can provide full time child care, his ex is constantly leaving his son with his grandmother her mother and is never around when we call for him or come by to pick him up, and when she is there when we go to pick him up she is usually drunk. There are other factors as well that are to long to write, does He have a case to file legal guardianship? or does he have to file another order to show just cause? They live in Hesperia so i don't know the laws down in that county.


Asked on 5/09/08, 11:30 am

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Guardianship of a minor

First, you should not do anything on behalf of your fiance. You will look like a meddling "new wife." This is my experience.

The fact that the child sleeps with the mother and her boyfriend is not going to be alarming to the judge. Neither is the fact that the child is with his grandmother. The mom will say she has to work.

The most serious thing is if the mom is really drunk. If this is true, and your fiance has done nothing about it, and CPS finds out, then both the mom and your fiance will temporarily lose custody because the child will be taken to Orangewood.

If it is true, your fiance needs to take her back to court on an Order to Show Cause for modification of custody. But you'd better have good proof, and you should absolutely stay out of it.

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Answered on 5/09/08, 1:51 pm


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