Legal Question in Family Law in California

Re: Terminating a Guardianship

You are fighting for your child. You have received a favorable fitness report from the outside agencies. Of course you have a chance. A military person should not forfeit their child just because they are assigned to a foreign country and believe it is in the best interests of the child to have a temporary guardian until they return. Your friend seems to have betrayed you, which I'm sure is not news to you at this point. I can imagine your outrage.

I would say, however, that you are being penny-wise, pound foolish to drop your lawyer now if there's any way at all you can come up with a little more money to pay him. You are fighting for your child. How much is that worth? Take a loan if you have to. Your chances are probably ok without an attorney, but they will definitely be better with a good one. This is not the time to cut corners on expenses. Your child's future, and your relationship with him/her, hangs in the balance. You will never have anything more at stake.

I am a veteran of a foreign war myself, and a parent of a child in college, and I a few years ago had some financial reversals that many parents would have decided the thing to do was tell their child they could no longer pay for their education. Instead, I took on more heavy debt and never have regretted it.

So, I would urge you to go in with passion and feeling and true belief in what you are doing. Exhibit your love for this child and your country, and how you have been balancing the interests of both, and, most importantly, how it is in the best interests of the child to be reunited with you.

And revisit your decision to do it without a lawyer. If the financial situation is that desperate, contact JAG and see if any military lawyer can help you and appear with you in the proceeding. I am not an expert in JAG rules and regulations, but I know that in my day, they could have.

Good luck and let me know how you come out. I am very interested in knowing how you make out.

Re: Terminating a Guardianship

This is a follow-up to my earlier reply. If you get nowhere with JAG, try the veterans organizations, such as VFW, Vietnam Vets of America, DAV and the American Legion and see if they can provide you a lawyer for the hearing. I would think these kinds of things would be of great interest to veterans organizations. I know as a veteran, it is of great interest to me. Although I am licensed in California for many years, I reside and practice in Georgia, so I cannot donate my time to you to appear with you to argue your position without substantial out of pocket expenses. But, if you want to talk about providing me transportation and lodging (however cheap) to have me come out there and argue the case for you, I may well be willing to do so because I believe in the importance of your case from what I have heard. Just let me know.

In any event, please let me know what transpires. As a war veteran, I am very concerned how you come out and will feel outraged if the California government will not give you back your child. My e-mail is [email protected].