Legal Question in Wills and Trusts in California

Seeking emergency guardianship of a newborn

I am seeking guardianship of my great-niece. Mom is an addict and dad is out of state. I already have guardianship of my 1 year old great-nephew due to the physical, mental and emotional abuse he suffered in her care. She stays at her grandparents home and they have guardianship of my great niece and nephew's 2 year old sister. She has been to the doctor herself for being malnourished and is still behind in her immunizations - even though we have taken her twice ourselves. We had the ex-parte hearing this week and the judge pro-tempre ordered Family Court Services to do a partial investigation and home visit to both homes. I don't have a problem with anything FCS might do, I have a problem with the newborn remaining in that home. The case is set for review in 45 days. Is there anything I can do to get the case back in front of the regular judge sooner than the 45 days. The regular judge is the one who granted guardianship of the 1 and 2 year olds and is also the judge that is aware that I would seek guardianship of the newborn upon the mother testing positive for methamphetamines while she was pregnant and just 4 days before the baby was born. Please help me save the baby.


Asked on 6/06/08, 3:30 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

Re: Seeking emergency guardianship of a newborn

You should file for a guardianship and report them to child protective services so that they can take immediate action to protect the child.

As always, please consult an attorney in your area if you have further questions.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 6/18/08, 1:45 am


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