Legal Question in Family Law in California

Guardianship

If a minor owes victim restitution and the minor's mother is legal guardian, is the minor's father liable for it, in addition to the mother, if it is not paid?


Asked on 4/12/06, 11:45 am

1 Answer from Attorneys

KATHIE SIMMONS KATHIE SIMMONS

Re: Guardianship

This issue came up a few years ago. In that case the crime had been committed when the son was in the custody of his father. The court was trying to make both mother and father liable along with the son. Mother successfully argued that she was not liable because she had not control over the son when he molested his father's stepchild. Father has since paid the restitution. It was a particularly sweet victory in that Father and his girlfriend had milked the situation claiming that a one-time incident between two boys that were 12 and 14 required a year of counseling to get over. To determine if the guardian or parent is liable you should research the law and prepare what is called Points and Authorities to submit with your motion. You may need help preparing the motion but you should be able to represent yourself at the hearing in that most judges are sympathetic to the family in juvenile court.

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Answered on 4/12/06, 1:04 pm


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