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I am a grandparent who is seeking emergency temporary custody.

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My son is currently in...
I am a grandparent who is seeking emergency temporary custody. My son is currently in a in-patient rehabilitation center since 11/18/09 for drug addiction. He is now able to visit in the evenings and weekends (not overnight). The mother of my grandson is a drug addict. On 1/1/10, my son and I tried locating the mother and my grandson. We found my grandson in a hotel with strangers on meth, the mother left him in the hotel. My son filed a police report on the incident. The mother was living with her mother and step-dad and the kicked her out of the house due to this incident. She is now homeless and on meth. My son is requesting that I file for temporary emergency custody due to him currently in a rehab problem and now the child's mother is on the streets. How can I do this? Thank you
Submitted: 8 years ago.Category: Family Law
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Answered in 14 minutes by:
1/4/2010
Family Lawyer: Lawdoctor, Lawyer replied 8 years ago
Lawdoctor
Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1,400
Experience: Over 22 years of experience in numerous states.
Verified
Dear Customer:

Thank you for allowing me to assist you with your question. In order to give you the most comprehensive answer, I will need additional information.

1. What county is the child in or the child normal resides?
2. What county do you live in?
3. Has Child Protective Services been alerted to the situation?
4. If not, why?

Thank you.
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Customer reply replied 8 years ago

The child resides in Solano County and so do I. CPS has not been notified only the police department. Up until NY day, both grandparents believed he was in a safe environment. Prior to the incident, my grandson was living with his other grandparents with the mother.

Family Lawyer: Lawdoctor, Lawyer replied 8 years ago
Dear Customer:

Thank you for the information. Please give me a few minutes to research Solano county so that I can give the direct links to Solano in order to expedite your filing..

I will be back shortly.
Customer
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Customer reply replied 8 years ago

I just received a call saying the mother of my grandson has been arrested.

Family Lawyer: Lawdoctor, Lawyer replied 8 years ago
Dear Customer:

Here is the information you need:

Go to this website for California forms and download, and fill out these forms:
(Notice the form # XXXXX the end of each sentence) Here is the link for the forms:

http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

(FOR THE GC FORMS)

and

http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

(FOR THE FW FORMS)



INSTRUCTIONS

A. Fill out the attached blank forms (type or print neatly in blue or black ink) using the

attached sample forms as a guide:

¨ Petition for Appointment of Temporary Guardian or Conservator (GC-110)

¨ Order Appointing Temporary Guardian or Conservator (GC-140)

¨ Letters of Temporary Guardianship or Conservatorship (GC-150)

¨ Petition for Appointment of Guardian of Minor (GC-210)

¨ Declaration Under UCCJEA (GC-120)

¨ Consent of Proposed Guardian, Nomination, and Waiver of Notice (GC-211)Use this form if the mother, father, any of the grandparents or any of the siblings over 12 agree with the guardianship.

¨ 2 Declarations of Personal Service (SCL-0009) - one for mother, one for father

¨ 2 Notice of Hearing Forms (GC-020) – each is filled out differently – one for the Reconsideration hearing, one for the General hearing

¨ Order Appointing Guardian of Minor (GC-240)

¨ Letters of Guardianship (GC-250)

¨ Confidential Guardian Screening Form (GC-212) – one for each guardian

¨ Duties of Guardian (GC-248)

¨ Referral for Investigator’s Report (Guardianship) (Santa Clara County local form - Attachment E to local rules)

¨ Application for Waiver of Court Fees and Costs (FW-001)

¨ Application for Waiver of Additional Court Fees and Costs (FW-002)

¨ Order on Application for Waiver of Court Fees (FW-003)

______________________________________________________

Now you will want to access the Clerk of Court for Solano County for the location to file your forms:

http://www.solanocourts.com/Courts/SolanoLegalAccessCenterSLACandFamilyLawFacilitator.html

I have to encourage you to hire an attorney to assist you with this, but fill these out and do your best. You should contact CPS for assistance as well.

You and your family are in my thoughts and prayers.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.


 

Lawdoctor
Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1,400
Experience: Over 22 years of experience in numerous states.
Verified
Lawdoctor and 87 other Family Law Specialists are ready to help you
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Family Lawyer: Lawdoctor, Lawyer replied 8 years ago
I am so sorry to hear this, but at least he is out of the meth room.

How old is he? You can call the police station where he was taken to and find out if he has a bond. If he is under 18, they will probably send him to juvenile for the evening, so you won't be able to do anything until tomorrow.

I encourage you to find an attorney to handle this for you.

When you find out where he is being held, find out if there is a bond, if so, then you can post the bond or if it is too high for you to pay in cash then you can contact a bail bondsman to post the bond for a non refundable fee. Look in the telephone book or there are usually several offices near the jail or holding facility.

I am sorry that you are going through this, but this should give you the ability to approach the court and request custody without having to file a lot of papers. Just make sure when he has court to be there and if you have the opportunity tell the judge what has happened and ask take responsibility for him.

My prayers are with you.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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Lawdoctor
Lawdoctor
Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1,400
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Experience: Over 22 years of experience in numerous states.

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