Legal Question in Family Law in California

my mother filed for guardianship but i never recieved the summons to attend court and didnt show we have another court date but i want to see my daughter its very hard for me right now and my mother is not allowing me to visit with her at all just like when i asked her to help me and watch her for a few days now can i go and just get my child? please let me know what to do and suggestions on what to do before my court date to better my case thanks for your time


Asked on 11/24/12, 6:29 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

No you may not just go and get your child. The guardianship order was granted on information that your mother provided to the court establishing that you were not able to provide appropriate care for your child. You only underlined that information when you did not come to the court hearing. Now that you know about the guardianship you need to take the following steps to attempt to regain custody of your child. First, get a permanent address (even a P.O. Box) where you can receive court documents and at least a physical address where you may receive personal service of process (formal notice of a court's actions). Second, you need to file a formal notice with the court of your objections to the guardianship. I recommend that you get to the courthouse and review the case file to see what evidence your mother provided to the court. Third, whatever issues were addressed in the petition for guardianship are issues that you will need to fully address in order to have the possibility of having your child returned to your care. To be blunt, if you need to ditch a troublesome boyfriend, ditch the boyfriend; if you need to have a job, find something legal fast; if you need to get housing, and not just a room with some friend, but your own apartment with a separate bedrooms for you and your daughter. I think you see where I am going here.

You need to discuss with your mother, out of the child's presence, what she would like you to do to re-establish a relationship with your daughter. I recommend you start with some thing basic like telephone calls; lunch at a fastfood place with a playground with your mother present. The court will not be impressed by "i want my child back". The court does have to consider whether you are now placing your child's needs ahead of your personal wants and desires. Courts will generally not terminate guardianships until the biological parent has established that they are capable of caring for the child. In California a probate guardianship may be converted to an adoption proceeding after 24 months. Your clock is ticking.

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Answered on 11/25/12, 2:31 pm


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