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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111637
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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A grandmother only has guardianship of her son children. How

Customer Question

A grandmother only has guardianship of her son children. How does she go about gaining sole legal and physical custody of them
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
When you say she has "guardianship" does she have court guardianship? Are they living with her?
Why is she seeking "sole legal and physical custody?"
Customer: replied 1 year ago.
No court order. Yes. The children are living with them
It's detrimental being anywhere else
Customer: replied 1 year ago.
No court order. Yes they are living with her. It's detrimental anywhere else
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So you need to file a petition for court guardianship/conservatorship in the local court. You file a petition for guardianship of a minor: http://www.courts.ca.gov/documents/gc210.pdf and http://www.courts.ca.gov/documents/gc210ca.pdf if necessary.
When you file that, you serve both parents a copy. You then would go to court and you would explain to the court why the guardianship is necessary and the court will award a court order making you guardian with sole legal and physical custody rights over the child. As a court ordered guardian you have more rights than you have now, because they cannot interfere with your guardianship without going back to court.
Customer: replied 1 year ago.
Can you apply for emergency guardianship/ conservator ship
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can file the petition on an emergency basis when you go to the court you would ask for it to be on an emergency/ex parte basis and you have to justify the immediate danger to the children.
Customer: replied 1 year ago.
Can you file right now or do you have to wait for the settlement conference in January
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can file right now if you believe the children are in danger.
Customer: replied 1 year ago.
Do you need a lawyer to file or can you do it yourself
Customer: replied 1 year ago.
Do you need a lawyer or a lawyer respresentstive to file or can you do it yourself
Customer: replied 1 year ago.
Can you file the emergency guardianship conservator ship by yourself or do you need a lawyer
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If the guardianship will be contested by anyone, you need a lawyer. If it is uncontested you can file it yourself.

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