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If guardianship was given in California and the guardian…

If guardianship was given...

If guardianship was given in California and the guardian took the child to Oklahoma, does the parent have to go back to California to dissolve the guardianship and get custody?

Lawyer's Assistant: Has anything been filed or reported?

No. The grandfather just died and the grandma is not a blood relative but a step grandmother.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. My question is whether we can file in Oklahoma or it has to be California?

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Answered in 1 hour by:
8/17/2017
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Please allow me some time to read your facts and type my response.

If you received an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and in your case this format should be sufficient.

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If nothing has ever been filed in Oklahoma under the guardianship then you would have to file in California. California has jurisdiction of the case until that court somehow releases jurisdiction and you would not be able to file a motion in Oklahoma.

There is actually no way to transfer cases between states so the process for Oklahoma heard the guardianship would be very complicated and expensive. Whereas, the case is already pending in California.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 12 months ago
what would our first step have to be to dissolve guardianship as the parent?
Customer reply replied 12 months ago
My ex-wife lost custody of the children and gave it to her grandparents. Neither of us have lost our parental rights. As the father my son now wants to live with me. He is 15 but the grandmother is not wanting to give up her guardianship. What steps do I have to take?

You would file a petition to dissolve guardianship. You would want to hire an attorney because guardianships are extremely complicated and if you do anything incorrectly the judge must deny your request. In addition, there are always potential conflicts of interest raised in a guardianship and the attorney knows how to work around them depending on what they are. Normally many judges will require you to have an attorney and will also require that one be appointed to represent the ward. The guardian will also likely have to have an attorney since they will be acting both on their own part and for the ward and their estate. Only an attorney can represent another entity and so most judges require the guardian to get an attorney.

In addition, you can file for conservatorship in the family court which is normally a different court than which the guardianships are handled. The local lawyer can advise as to which way your judge prefers for the case to be done. Some prefer for you to file everything at one time, some prefer that you file the petition to dissolve the guardianship first, and some will require that the paperwork all be filed but the hearings held in a specific order.

JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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JD 1992 and 87 other Family Law Specialists are ready to help you
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Customer reply replied 12 months ago
Okay, thanks for your response.

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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Customer reply replied 12 months ago
Can I ask another question? This case arises out of CPS. The mother lost custody due to drugs and the father was in prison. The court appointed the great grandparents on the mother's side as guardians. The grandparents are elderly and they subsequently lost custody of the eldest daughter due to domestic violence. The California courts would not dissolve the guardianship for the courts in Oklahoma. The blood grandfather died and my son does not want to live with two old ladies.
How will CPS being involved affect a petition to dissolve guardianship?

CPS workers will be able to offer their testimony but there is no way to know what effect it will have at this time. It depends on what they say, how they are questioned, etc. Just the fact that they are involved doesn't really have any effect on the case.

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