Legal Question in Family Law in California

Re: taking gaurdianship back from my parents

Dear Inquirer:

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web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that if this is a California guardianship, and if you voluntarily gave your approval for the guardianship, it should be relatively easy to terminate it (especiallly if the current guardians agree). If a government agency was involved (Social Services, Child Protective Services, the DA, etc.) and/or if the current guardians do not agree, then it may be somewhat more difficult but not impossible. Whether terminating the guardianship is in the best interest of the child depends on her age, the guardians' circumstances, your circumstances, and of course her circumstances. Just because it has been 10 years is not determinative. Contact an experienced Family Law attorney in the county where the guardianship was granted for specific advise and possible representation on your behalf.

Thanks for sharing your interesting inquiry, and good luck with your case.

Re: taking gaurdianship back from my parents

Why do you want to remove your daughter from the home where she has lived for the first 10 years of her life?

You would have to file a motion to set aside the guardianship. To be successful you would have to convince the court that it would be in your child's best interest to terminate the guardianship. This will be a difficult task, if your daughter is happy and doing well where she is living.