Legal Question in Family Law in California

Guardianship vs. Parents Rights

Scenario: Mother of 10 year old is incarcerated, to be released in 1 month. Father of child is incarcerated for next 5 years. Paternal Grandparents have applied for and have received temp guardianship, awaiting the hearing for permanent guardianship.

Prior to her incarceration, the mother had primary custody.

Question: Once released, will the mother's rights be upheld, or do the grandparents have the power to oversee the child's well being?


Asked on 11/25/03, 12:57 pm

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Guardianship vs. Parents Rights

If there is a guardianship pending, the rights and responsibiltiies of the parent and the guardian are set by the Court in that proceeding.

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 11/25/03, 2:33 pm


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