Legal Question in Family Law in California

My daughter's paternal grandmother is trying to file for guardianship of my daughter. Her father has had primary custody of her the last 2 years as I had a medical issue (epilepsy) that made it impossible for me at the time to care for her. I had to move to Florida to get support from my family while stabilizing my condition. In those 2 years, my daughter's father slowly started cutting down on my "visits" with her until they became nonexistent. He changed his phone number and deleted his e-mail account. I had no way to get in touch with my daughter (for 8 months) unless I physically traveled out there (which I couldn't afford at the time). In the last month, he's had a mental breakdown and his mother is filing for guardianship of my daughter. I was JUST served the paperwork and the hearing is in 3 days. Luckily, I will be able to attend in person. In her statement to the courts she gives them nothing but incorrect information about me as a person, the original custody agreement, and my relationship with my daughter. I have a paper trail to disprove everything she says in her statement. I didn't file any paperwork against her as I was told by the court house that she would be notified of my attendance. They also informed me that she has the right to request a reschedule for any reason. (Knowing her, if she knows I'm attending the hearing, she WILL do this as I am flying from out of town and can only be there for a couple of days). I basically have 3 days to figure out what I need to do to not only object to her petition for guardianship, but to request primary custody of my daughter as I believe it's in her best interest to be with me. How do I go into this hearing?


Asked on 6/26/12, 2:02 pm

1 Answer from Attorneys
Michael Schneider Family Law Center

If possible, I would suggest that prior to the court hearing that you "pick up" your daughter such that she is NOT in the custody of the grandmother at the time of the initial hearing. You may even wish to use the P.D. to help you since she is in fact your child and not the grandmother's. The court would normally prefer to keep the status quo once you go into that initial hearing. Also, if the child is not with the party asking for temporary custody, at the time of the initial hearing, then certain statutory presumptions kick in which could even involve CPS. I would highly suggest that you get qualified experienced legal counsel who works a lot with guardianships to help you with this matter. Good luck!

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Answered on 6/27/12, 11:45 am


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