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Question

I have Guardianship of my 2 grand Children can their mother get visitation without notifying me of a court hearing.

Submitted: 15 days and 8 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
Mother of the children is s drug addict

Posted by xavierjd 15 days and 8 hours ago.

Info Request

Thanks for using JustAnswer.com and allowing me to assist you.

 

Do you have court ordered guardianship?

 

Is the mother under court supervision?

 

Thanks

 

15 days and 8 hours ago.

Reply

I have court ordered Guardianship papers since Dec. Of 2005 no visitation was set at that time

Posted by xavierjd 15 days and 8 hours ago.

Info Request

Thanks for the information.

 

Was the mother under court ordered requirements?

 

Were the children taken from her?

 

Thanks

15 days and 8 hours ago.

Reply

No court orders on mom she walked out in 2004 left the childred with my son their Father when he went to do his time i took Guardianship she was nowwhere to be found. she has since lost custody of another child due to drugs, she is also going to court for drug charges DUI and violent acts.

Accepted Answer

Thanks for the additional information.

 

No. If you are guardian of the children, the mother cannot get visitation without filing a Petition for Visitation AND notifying you of the Petition and court date. There are some exceptions to that rule, but they do not appear to apply in your case.

 

Below please find a sample Petition that would have to be filed with the Court for the mother to get visitation. Note that there is a notice provision that she must comply with. This is only a sample from Santa Clara Probate Court. Your county's Probate Court may have the same or similar forms.

 

http://www.sccsuperiorcourt.org/probate/attachments/PB-4013.pdf

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank You.

 

Legal Disclaimer: This is for informational use only and does not constitute legal advice and no attorney/client relationship has been createdl

 

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Expert: xavierjd
Pos. Feedback: 97.4 %
Accepts: 
Answered: 11/5/2009

Attorney

17 years experience in all aspects of criminal law, landlord tenant, family law and small claims

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