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  1. #1

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    Contest a petition to terminate guardianship-California

    Jurisdiction / State: California

    My husband and I have had custody of a six year old boy, since 2004. He was 11 months when temporary guardianship was granted and 16 months when permanent guardianship was granted. Both of his parents went to prison and his mother was released sometime in 2006. She was pregnant when she was sent to prison and gave birth to a second boy while incarcerated. Since her release she granted custody of her second boy to his paternal grandparents in 2008. The second boy has lived with his grandparent since he was born. She has never cared for him either. At this point all we know about her is that she is not currently working, lives in either a one or two bedroom apartment with a friend. She has been unable to maintain a stable job. She doesn’t have a vehicle. Our guardianship paperwork has a recommendation from the family court to only allow her to have supervised visitations with her son. We have allowed her to see him when she calls. There are times in the year when she only calls on the usual holidays, Easter, Halloween, Thanksgiving, and Christmas. There are other times that her contact is more frequent. We have never received any kind of assistance from her or the government to care for the child. He is in first grade and this is his 4th year going to school.

    Last week we were served with a request to terminate the guardianship. My question is what can we do to fight this? I sincerely believe her request is linked to her been able to collect welfare for both of the boys as she has no income.



    She lied about her place of residence on the application and she listed her reason to terminate the guardianship as being able to care for the child.

    It is our belief that she is not capable of caring for her son.

    Thanks

  2. Moderator Honorable Scholar

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    You need an attorney and you need to file for custody of the child. Guardianship is only meant to be temporary. At this point you should file for cusotdy and to eventually adopt the child. If I were you I would be looking into terminating moms rights and moving forward with an adoption.
    I am not an attorney. Do not consider this legal advice.

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