Legal Question in Family Law in California

My mom has been raising my niece since she was about 4; she is now 9. However, she never officially filed for guardianship. My niece's mom has been committed twice for suicide attempts and arrested for domestic violence. This is only a minor part of the things she has done. According to her attorney, because she hasn't had an incident in a year all the past abuse, neglect, and abandonment doesn't matter. This little girl has been through so many of her mom's "good" phases and then had to go through the nightmare all over again...I don't think she can do this anymore. When her mom first threatened to take her back she was terrified. Then today, after an argument with my mom over money, her mom showed up out of nowhere and took off with her because legally she could. Is there anything my mom can do? We're desperate.


Asked on 9/25/09, 9:53 pm

1 Answer from Attorneys

Apply for that guardianship now and immediately ask for a "guardian ad litum" for the girl. A year clean is an important milestone, but the attorney is blowing smoke. As between parents, FIVE years is needed to wipe out the presumption that domestic violence makes the other parent the one who gets custody. This needs to be in front of a judge, with CPS participation. Get them involved ASAP too.

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Answered on 9/25/09, 10:35 pm


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