Good Evening, I live in California and have a few questions regarding guardianship of a sibling. Both my parents are immigrants and fear that they might be deported. My younger brother is special, he has autism, and I want guardianship of him in...
Begin by visiting the Family Law Court on Power Inn Road. Go to the second floor Probate department and go the counter and ask for a guardianship packet. They will give you two packets of forms and instructions.
There are fees - but you can ask for a waiver of fees if necessary. There will be a guardianship investigation and the court may order you to pay for it - you can also request this fee be waived. The court will evaluate your ability to pay. The process takes a while and there will be a couple of court hearings at least.See question
I'm going to be 17 and my parents gave me consent to move out at 17 and I can support myself financial wise. Is it illegal if I do move out at 17?
Look in to "Emancipation." It sounds like you would qualify.See question
Desperately missing my kids l
Your parental rights were terminated. You may not seek out your birth children at this time. You are not legally related to them anymore. If the family does not want contact - not sure who you think you will hire and for what but - you risk a restraining order in doing so.
You may contact the social worker and let her know you want to place letters or cards in the file so that your children may see them when they are of age - if they request it. You may also speak to your former attorney about this.See question
Cps was ordered by the judge to do things they have not done. How can I file a motion to intervene in California? My daugher was visiting her father in California when she delivered and Cps is keeping the baby she is the, only one in California. T...
You need a qualified Juvenile Dependency Attorney in California to deal with this court that will not return your grandchild. The baby can be recommended for adoption just six months after she/he was taken if the mother is not participating regularly in services and making progress. Do not believe, for even one minute, that the social workers are giving you proper legal advice. Find an attorney.
The only "form" that makes sense with the advice you have gotten from your CPS office (not legal advice) could be a JV 180 which you can google and find on line or find online at the Superior Court website for the jurisdiction involved. The form is to file a Request to Change Court Order and is governed by Welfare and Institution Code section 388. Any interested party may file for a change of court order. You will need to show there is new information or a change of circumstances and it is in the best interest of a child for the court to change a previous order.
So for example - it may be possible you would be saying the new info is that mom is living in Tennessee and has the support of her extended family so it is in the best interest of the baby to be in Tennessee (perhaps with a n approved relative)
I agree with the other attorney - you cannot try and dabble in this and hope to be effective. You need a Juvenile Dependency attorney to go in there and be respected by that court and say the correct things on the record to help the court make the decision your family wants. Without a competent Juvenile Dependency attorney - the courts generally do what ever CPS asks them to do.
Check on this site for Juvenile Dependency Attorneys in the Lancaster area.See question
I have an open CPS case. We have a court hearing coming up. The father is planning to give up his parental rights. I'm going to fight to get her back. Once the child is returned to me, will the father still be financially responsible for the child...
Talk to the Juvenile Dependency attorney that was appointed to you in your open CPS case.
One parent cannot have his or her parental rights terminated without both parents having parental rights terminated in the context of a Juvenile Dependency case - which follows the California Welfare and Institutions code.
It is more likely what the father is doing is Waiving his reunification services and saying he does not want to participate in the case. He will potentially be liable for child support in spite of his desire not to participate in state sponsored reunification with his child.
Once the case is over, he is also free to file in Family Law court for custody and visitation rights. The Family Court would consider the CPS case (loosely) and look at what he has done since then to address the issues.See question
My now ex boyfriend has been accused of lewd acts with his sister who is 14. I have guardianship over her. I made the dumb mistake by bailing him out because he was denying he did anything intentional and because his friends were telling me he des...
You should not post anything else on social media or this site about the situation. That being said - you have really not said enough here for an attorney to make a determination of whether you have done or said anything that could "get in trouble" for EXCEPT you have a 4 year old baby with a man who molested your daughter and his own sister whom you have guardianship with.
You should be very concerned about CPS looking at your for failure to protect if you knew about the allegations from the girls and continued to allow any contact with the girls OR did not assist in the prosecution.
You need to let him deal with this on his own and protect your family - meaning your children. He has acted outside the role of father here if he is touching girls. He does deserve a chance to fight his case but you do not need to help him anymore. Focus on your children only.See question
I got my kids takin last year because of drugs I got child endangerment and abandonment and 2 health and safety charges I now been clean for a year and I'm in compliance with Cps I applied for a apartment which is low income if I don't get housing...
California law says the lack of housing cannot be the sole reason to deny placing your children back with you.
If you are close to a welfare and Institutions Codes section 366.26 hearing with a recommendation for adoption - housing is not he only issue.
Talk with your Juvenile Dependency attorney.See question
My ex left my tbree kids in a motel alone for four days tbe sheriff called me to come pick them up i files an ex parte and it was granted now we cant find her to have her served for the hearing what happens now
Ask the judge for a continuance to continue to try and serve her and ask to keep the current orders in place. Come prepared to tell the judge of your efforts to locate her.
If she can't be found - you couldn't return the children to her anyway. The court will do what is in the best interest of your children.See question