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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10215
Experience:  Civil litigation attorney for individuals and businesses.
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Due to drug abuse problems my wife and I had to take temporary

Customer Question

Due to drug abuse problems my wife and I had to take temporary custody of our grand child to avoid having the county take the kids. An agreement to this was signed by our daughter and husband saying this was agreed upon until both parents decided to change the agreement. Now my daughter became angry with her husband and decided to file a restraining order and take the kids back. Both parents had to agree to terminate the temporary order. Only she wanted it. Police came to pick up the kids and said the restraining order canceled out the notarized agreement. What steps should be taken now.
Submitted: 6 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer,If you are attempting to gain legal custody of your grandchildren, I would recommend retaining a local attorney.Obtaining a guardianship or conservatorship over minors is not a very simple task even when the parents are cooperative, but in a situation such as the one you describe where both parents are working against each other, and apparently attempting to utilize the children as pawns, you are going to need a lawyer.Based only on what you have posted here, there is probably a decent chance that you would be able to prevail in a guardianship petition (both parents are abusing drugs, the children have an unsafe home environment, and they have lived with you in the recent past. But this is not something you can simply walk into the courthouse and expect the judge to take away the parental rights on based only on your opinion and testimony.I would recommend as your next step to retain a family law attorney with some experience in guardianship/conservatorship proceedings to assist you with this matter. Understand that while you have a reasonable case (again based only on what you have posted), the courts do not revoke parental rights lightly, so you must prepare yourself for a difficult process (it is both time consuming and emotional - these things take 3-9 months and sometimes more).You can try contacting your local bar association to see if there are any local resources that offer low cost services (not many jurisdictions do for this type of litigation, but you can ask).

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