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In a guardianship case can I request an evidential hearing for visitation at hearing or prior to

Vacaville, CA |

In guardianship case when other grandparent has kids because 7 months ago requested I drug test that came back positive but has allowed me and my mom to visit regularly and spend the nite in her home with them for last 7 months is now making communication impossible and not making kids available to visit in last few weeks because hearing is coming up for permanent. If i request evidential hearing for visit on or before hearing will that help me or hurt me? I only ask a weekend a month with us in our home maybe some holidays the kids have been with us most of their lives now 7 and 8 and all holidays we have a very strong bond I'm not disputing guardianship we all agreed in begining we would see kids just as often as before she got them now she's not allowing I have offered to urine test

Attorney Answers 3


  1. this is a probate law question. I have changed the category. There are usually several hearings involved in a guardianship. It may be possible for you to contact the probate attorney and seek such a hearing.

    All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 30 years. Ms. Straus provides “unbundled” services if you need specific assistance with a specific issue. I can be contacted if you put my name or Bar number, 110028, in the State Bar web site, or you can find me on LinkedIn or Google. Goggle E. Carroll Straus. If I seem right, proceed accordingly.


  2. What is your role in this case? Are you a parent? Another grandparent? This will govern the steps you should take to secure your rights in relation to the children. A parent may be granted visitation if the guardianship is granted, but a third party will not. You would need to file a separate action for guardianship or grandparent visitation or some such action - as appropriate based on your role. I would suggest that you meet with an attorney in your area.

    Please be advised that this answer in no way constitutes legal advice, and is only intended to guide you in determining an appropriate direction for individualized legal consultation and/or representation. This answer should not be relied on, as each legal matter, and the appropriate course of action, is entirely dependent on the specific facts of your particular case. You are encouraged to seek the advice and guidance of a respected and experienced attorney practicing in your community to assist you. Please be advised that this answer does not create an attorney-client relationship and these communications are neither privileged nor confidential.


  3. Probate courts don't like custody/visitation disputes. If a guardianship was awarded because of your previous drug use, then the guardian has all the power to structure your access to the minor children. You would need to file a motio to set aside the guardianship but once awarded, courts really don't like to set them aside given the recent nature of your drug problems. Also, it would depend upon the recommendation of a minor's counsel. In short, you won't get an evidentiary hearing on this matter.

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