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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I need information about guardianship granddaughter

Customer Question

I need information about guardianship for my granddaughter who will be 12 yr old in Sept. Until 3 years ago her father has always lived with me, along with my granddaughter ( her name is Abby). Abbys father, my son Earl has not been able to support Abby and has lived off family members. Earl has been self supporting for only 6 months and he is almost 39 ys old. Earl has moved Abby around a lot over the last 4 years and now is planning on taking Abby to Georgia, looking for work, of which as of this date he has none. And the field of work he is in has always been unstable. Earl with Abby have been living off my parents for the last 2 1/2 years, now with this Earl move Earl plans to put Abby in a hotel until he can find regular work. There is no family in Georgia. Earl got marriied 3 years ago to a woman that has lost custody of her own 3 children and is still on supervised visitations with her children. Earl had another child with this woman, a boy 2 years. Abbys mother has not seen Abby for 6 years, however Abbys mother did maintain phone contact with Abby until Earl got married at which time Earl has stopped all communication with Abby's mother. There is a Court order for custody and Visitation between Earl & Abbys mother regarding Abby, none of which has been followed. NOW: in the last 2 years Earl has stopped all communication with Abbys mother and has not let her talk to her or tell her where Abby lives. I got in touch with Abbys mother inspite of the fact that my son Earl said if I did that I would never see Abby again, even tho Abby has lived with me most of her life. Abbys mother new fiance has a domestic violence conviction with in the last year, earls new wife had a domestic violence conviction 3 years ago and completed all class's. Earl right now is in Georgia and set up a po box and got a drivers license there, abbys mother moved to Vegas a year ago and right now today Abby is with me in Thousand oaks Ca, but could stop anytime. The court order is in Ventura County, where I am. Earl plans on having flown to Georgia, which would make it jurisdiction nightmare. I would to file for guardianship for Abby as she being moved around to much, her life is to unstable, step mother is mean to her and she miss's her mother, who earl has stopped her from talking to. but with all this I am not sure that Abbys mother is really willing to fight to prove that she did not desert her. If my son thinks my hands are in it -I may not see my granddaughter again, however Earl an the new step mother have planned and set up this abandonment of Abbys mother. I really don't know what to do,
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
first what are the changes of guardianship based on Earls unstability and also if I could get Mom here to get an emergency order to keep Abby in Ca would a judge give me temporary physical custody of Abby until either I file for guardianship or mom fights out the abandonment?
Customer: replied 2 years ago.
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Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard. I suggest that you have enough to get at least a temporary guardianship and I suggest at this time you will want to consider filing for that so that Earl cannot simply arrive in CA to take your granddaughter. I suggest, if you have not already done so, you should try to get her enrolled in school in your area. Then proceed with the Guardian process of a Minor. You can review this LINK for the formsI suggest that you can also consult with a local attorney who can help you with the forms - and get the ball rolling as soon as possible and to ensure that the process is done efficiently for the best interest of your granddaughter.