Legal Question in Family Law in California

What are the steps that I need to take to terminate guardianship?

My mother currently has legal guardianship of my daughter who is age 8 since 1997. From the time the guardianship order took place up until recently my daughter remained in my care and resided with me so I never thought much about the order that was a mistake to begin with on my mothers part and she even admitted to that. I never filed anything to terminate it because she continueously talked me out of it and since nothing had changed and my daughter was with me I never took any other actions. Just recently my mother started taking my daughter for overnight visits and then refused to bring her home. She has done this 5 different times in the past year and will not give me any explanation as to her reasoning for it. All that is stated by her is that she is guardian and can do what she wants with her. It is emotionally draining on myself and my daughter. I can't afford an attorney and my mother has an excellent one at this time. Can you please tell me what steps I need to take to get the guardianship terminated. Thank You.


Asked on 1/15/03, 6:20 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: What are the steps that I need to take to terminate guardianship?

You need to file a motion to terminate the guardianship. You might go to the court to ask if they have anyone who is able to help you complete the motion papers. It should not take a real brilliant attorney as your daughter is olde enough to talk and can tell an investigator who she wants to live with and what has been going on. Good Luck, Pat McCrary

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Answered on 1/15/03, 7:18 pm


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