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My friend is pending trial for a guardianship hearing where…

Hi there, So my friend is...
Hi there,
So my friend is pending trial for a guardianship hearing where the paternal and maternal grandparents are fighting for custody. At the moment, the maternal grandmother has temporary custody. Last Saturday, 03/24/18, my friend visited with her grand daughter and noticed bruising around the child's eyes and nose, and she is infested with lice, and has been since January. She is concerned for her health and safety. What can be done to bring these concerns in front of a Judge? The formal hearing is in June and my friend does not want to wait that long. We have pictures of the lice from January and from this past weekend, and the bruising along with a police report. This is would be for guardianship of a minor. Thanks in advance.
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Answered in 26 minutes by:
3/26/2018
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 176
Experience: Attorney
Verified

What I'd recommend is that your friend file for emergency child custody based on these findings. It would also be in her best interest to include the police report and pictures.

Here's what she needs to do:

First, she must fill out these four separate forms:

  1. Form #FL-300, Order to Show Cause
  2. Form #FL-305, Temporary Orders
  3. Form #FL-310, Application for Order and Supporting Declaration
  4. Form #FL-330, Proof of Service Form

Then, she should make copies of each form (between four and six copies). These will be for herself, two copies for the child's other guardian, and one copy for the California Department of Child Support Services (DCSS), if it is involved in her case. If the child is not in immediate danger, she'll give one unfiled copy of each form to the opposing parent or his / her lawyer.

If the child is in immediate danger, she may be able avoid giving the other parent advance notice of her petition for emergency custody.

Finally, she should fill out a Declaration in Support of Ex Parte Application for Orders form and turn her paperwork into the Court.

After filing, she may pick up her papers from the Clerk's Office; they are now read to be served. She cannot personally serve the papers. A legal adult or professional process server can take the papers to the other guardian. The following filed paperwork must be hand-delivered to the child's other guardian:

  • The Order to Show Cause, signed by the Judge
  • Temporary Orders
  • Declaration in Support of Ex Parte Application for Orders
  • Application for order and Supporting Declaration
  • A blank Responsive Declaration for the opposing paper to fill out.

This should be able to get her started speeding up the process so that she doesn't have to wait until June to safeguard her granddaughter. If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you!

lawyerJ
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Category: Family Law
Satisfied Customers: 176
Experience: Attorney
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