Legal Question in Family Law in California

Hello, I have a question...

I petitioned the court for temporary guardianship of my granddaughter in 2010 when her mother and father went to prison. The court granted me temp. guardianship. When the mother came home she got her custody back after a clean drug test. I had guardianship for one year and at the last hearing I was awarded visitation every other weekend. Mom is not living right and most likely will go back to prison soon, so I will be filing for guardianship again. I live in a different county from the mother and the last proceeding was heard in my jurisdiction where the child was living with me. NOW, she lives with her mother in another county.

My question is..Where would I file the new petition and can I do it now or must I wait until her mother is arrested on a child abuse case that is being investiaged? Whether she is charged or not, she is on parole and most likely will go back to prison on a parole violation.


Asked on 9/03/11, 4:21 pm

1 Answer from Attorneys
Patricia Vanharen Law Office of Patricia C. Van Haren

You must file the Petition in the county where the child resides. You may request that the court take judicial notice of the previous case. If you have concerns about the safety of your grandchild, you do not need to wait until the mother is arrested to file for guardianship in the probate courts, however if you are seeking guardianship through children's court, you would need to wait until DCFS removes the child from the mother.

Read more
Answered on 9/03/11, 4:26 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California