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Ask Meigs Your Own Question

Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
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Customer Question

my son was in a gaurdianship the maternal grandmother, there is no evidence in the gaurdians case for having him. after a year of having pofessional supervised visitation due to hearsay from the gaurdian.cps removed my son from the guardian, for several reasons including child abuse,i and others warned minors council that this was going for the entire year and nothing was done. the maternal family new about this and did nothing to protect my son, instead they defended the guardian, even minors council did this,cps told us she would never b aloud to have him in her care again and must be supervised. her guardianship was suspended and her nefew and his girlfriend were appointed successor guardians. so far the new guardians have let previous guardian b alone with my son, and let thier brother who just got a 3rd d.u.i. and has no drivers licence drive my son to my visit. minors counsil has done nothing to protect my son and she dispises me and my family for some unknown reason. i live in a small town where all the attourneys are friends and work together. im on s.s.d.i. and dont have much money, a portion of which goes to the guardians. i have spent over $20,000 i got from workers comp. im now flat broke. i love my son very much and am discusteded at all of this, i want my son back! is there anything i can do? im currently getting 4 hrs. of visitation 1 time a month in a facillity not set up to cater to this, ive never had a single drug charge or cps case. what can i do if anything? someone please help me. p.s. sorry so long
Submitted: 1 year ago.
Category: Family Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, how are you today?

Customer :

upset at this injustice to me and my son

meigs004 :

Let me review your facts.

Customer :

ok what info do u need

meigs004 :

Just what you have typed, I am trying to read everything that you have posted, and I understand your frustration completely.

meigs004 :

Now, why is a guardian appointed to your son?

Customer :

i let maternal grandma have temp. custody because of my dangerous living conditions, where i lived people were using drugs and it wasnt my place so i couldnt do anything about it and his mother was in jail, grandmother said shed help until i found more stable living arrangements.i did but was forced to move back to the unfit home shortly after, at that time she was granted permanate guardianship. i was unable to make it to the court date to contessed it

meigs004 :

Ok, thanks for that information. In your present case, if the nephew and girlfriend are breaching the order allowing the old guardian to see the child unsupervised, and the current living arrangements are unfit for the child and not suitable for the child's upbringing, and you have proof of these allegations, you could file a petition/motion to terminate the guardianship. You will have to have a part of that petition/motion all the allegations that you contend are taking place, and if you have a stable income, a suitable place to live, and an adequate environment (c.p.s. may seek to do a "home study) to raise the child, you could seek to regain custody of your child. However, you will need to be able to show extrinsic proof that you are able to provide all of the above in order to get custody of him back, considering you voluntarily assigned the individual as the guardian. I am not saying you are a bad person for doing so, but I am commending you for doing what was right for your child at the time!

Customer :

ok thank u for your help

meigs004 :

Does that answer your question?

meigs004 :

If so, please remember to provide a positive rating by selecting the smiley face and submitting so that I can be credited for our time together today. If you have further questions, please feel free to ask, or if you would like clarification or elaboration on the answer provided, please feel free to ask that as well!

meigs004 :

Please provide the rating so I can be credited before you leave the chat today.

meigs004 :

Please return and provide the positive rating so that I can be credited.

meigs004 :

If that answered your question please click the smiley face.

Customer :

i already knew all that, im trying but no one will help me

meigs004 :

I apologize for not providing more encouraging information for you, but your question was "is there anything I can do?" The answer is yes there is, and in order to accomplish what you want to do, you will have to do what I stated. It may be something you could do yourself, by seeking the clerk of court and seeing if they have a standard form to petition the court without an attorney, would you like me to find that form for you.

meigs004 :

Most of California's forms are online.

Customer :

that didnt really help me thank u though

meigs004 :

I am not aware of the information that you possess when you come to the chat, and I can not read your mind prior to our conversation.

Customer :

thank for ur time

meigs004 :

Please stop rating the answer poor, as it was an accurate answer. Good luck. The poor ratings reflect on my profile.

Expert:  Meigs replied 1 year ago.
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