Legal Question in Family Law in California
What Legal form would I use to modify an existing guardianship order?
There is an existing court order which gives guardianship of my son to my natural parent, who are now going through a divorce. The order was granted prior to this. In a nut shell, we've learned that one of the grandparents has been both physically and emotionally damaging to my son. My question is what form would I file if we'd (other grandparent and both of the childs natural parents)like to petition the court to ask for an order which would remove one of the guardians? Another words to modify the order so it gives guardianship solely to only one of the grandparents. Your immediate response would be most appreciated and I would be so very grateful.
1 Answer from Attorneys
Re: What Legal form would I use to modify an existing guardianship order?
Under the circumstances I am not sure that any of the existing forms would adequately describe your situation. No longer having legal guardianship complicates your rights to bring a lawsuit or to appeal to amend the existing order. However, there are several things which you can do since you and the other grandparents are "interested parties." (1) Contact the Department of Social Services and attempt to talk to one of their attorneys and get them involved. (2) Get an experience family law attorney to represent you. You want someone who is familiar with the courts, officials and the system to act. (3) File an "amicus curia" brief with the divorce court so that the court is aware of your allegations.
Because of the seriousness of this matter, I strongly recommend that you get competent and experienced assistance.
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