Legal Question in Family Law in California
relinquishing a legal guardianship
I have 3 grandchildren that were placed in my guardianship by CPS 2 years ago. I am preparing to move out of state and I am not sure about my son's ability or to take care of his kids. Is it possible for me to be able to have them under his care on a ''trial'' basis before legally relinquishing the guardianship? I am not sure if the circumstances will be in the kid's best interest to stay with their dad. If things turn out to be the same and/or if drugs are in the picture,then I can file the necessary forms and move them out of state with me.
3 Answers from Attorneys
Re: relinquishing a legal guardianship
If the children were placed with you by CPS you should not attempt to return them to him without the consent of the court. If you do you risk loss of the children. Contact the court or CPS regarding the trial placement of the children with your son. Be sure to make it clear to the social worker that you still want to take the children if do not stay with their father. Also if he falls down after you move out of the state the children may be placed in foster homes in California, and not with you.
Reply: relinquishing a legal guardianship
You need to return to court and obtain permission before doing anything with the children.
Good luck to you.
Brian Levy, Esq.
www.calattorney.com
Re: relinquishing a legal guardianship
To make certain the kids are properly cared for and you do not find yourself at odds with the courts, pass this question before the court and let them decide. Do not just do this on your own. You may also want to retain counsel to help.
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