Legal Question in Family Law in California

What are my right as a mother.

My ex-husband and i had a legal seperation agreement stating he would have custody of the children. Which was modified to state that because the first one said that i would have full legal and physical custody. We modified it because i was gonna join the service and i couldn't take that many dependants and we were gonna get back together but we didn't and i didn't nor he didn't have the $250 to remodifiy it. Well me having hardtimes due to no support from the father i sent the girls to live with his parents until i was stable and had a stable environment for them. well the parents asked for gardianship and i had no custody so the father gave it to them. Now i'm stable and have a four bedroom house and remarried with a son which i've had since before the girls left. The grandmother tells me i have to go through the courts she won't just give them up. My eleven and twelve yr old cry wanting to be back with me. What proceedures do i take and as there mother can't they come with me anyway?


Asked on 11/28/01, 11:08 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: What are my right as a mother.

You will need to file a motion in the court which ordered the guardianship to terminate the guardianship. Then you will probably need to file a motion in your dissolution action for an order granting you primary custody of the children. Take all of the paperwork you have to an attorney and he will know how it will be necessary to proceed. This is probably not one that you want to attempt on your own, the issue is too important not to give this your best shot. Good Luck, Pat McCrary

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Answered on 11/29/01, 10:28 am


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