Legal Question in Family Law in California

Mother gives guardianship without father's consent

Mother of my children gave her cousin guardianship of their children. She told the court that her cousin was her sister. They told the courts that the father agreed, but there is no record of father signing and agreement. They have a restraining order against the father for planting drugs which is a false allegation. The father has tried to tell the courts about all these things, yet the courts have done nothing. What should he do to get custody of his children and prosecute the other parties involved?


Asked on 9/17/05, 7:07 am

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Mother gives guardianship without father's consent

You need to retain an attorney and file a motion to set aside the guardianship. A properly filed motion will require the court to hear the matter. You will need to provide evidence that you did not agree to the guardianship and did not sign any documents. Also you need to be able to show the court that you are prepared to be and was a good parent.

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Answered on 9/20/05, 12:12 pm


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