Legal Question in Family Law in California
they are telling a child lies
i am in the middle of terminating guardianship from my parents who have had my daughter for some time now due to i could not take care of her when i had her. i am terminating the guardianship due to the fact that my father abuses rx pain pills and the other issuses that make the home life very unstable. i feel it is in the best interest of my daughter to come and live with me since i can take care of her now and that was there agreement when i can take care of her i can have her back. it is not working out that way and i am going to take them to court but now they are telling my daughter how bad my home is and how mean my husband is and that they can't see her again if she comes and lives with me so she is scard and tells me this and does'nt think she wants to come now. will a judge make the decision on what she wants and leave her in that situtation or will they make a decision on the facts and that it can be proven that they are not fit at this time
3 Answers from Attorneys
Re: they are telling a child lies
If the child is 12 or older, the court has to hear her wishes, but does not have to follow them.
Re: they are telling a child lies
There are some things I need to know before I can answer your questions: 1. Was the guardianship granted by court order? 2. Was it temporary or permanent guardianship? 3. Was the agreement written where they agreed to return the child? 4. how old is the child?
Some basic concepts: the parent always has priority over a grandparent unless it is not in the child's best interest to be with her parent. You don't even have to let her see the grandparents unless they get a court ordered visitation to see her. A child's opinion will not generally be listened to by the court unless she is at least 14 years of age and mature. I give a free half hour consultation in my office if you call and make an appointment at 208-345-3817. You do need an attorney to do this in my opinion based on the info you have provided.
Re: they are telling a child lies
I would retain counsel to present your interests before the court. The court will likely listen to your childs wants, however, they will also likely send matter to counselors to make their recommendations.
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