Co-guardian in adversarial action to terminate co-guardian

[Don't know what to do]

Jurisdiction

Idaho

I am the petitioner in this action. I filed my petition with the court and the co-guardian, who is residing in California, was personally served. A response and counter-petition were subsequently filed. I filed my reply to the counter-petition and a list of questions and interrogatories to the co-guardian and mailed those to the guardian ad litem and the co-guardian. The envelope to the co-guardian was returned by the post office with a label that states delivery was attempted, the recipient is not known, and there is no forwarding address. A week later, the minors in the action both received their Christmas cards at the same address. Their Medi-Cal case and the childrens schooling is setup at the same address. Since I know they are there, and since I did serve the paperwork as directed, am I okay to file a motion to enter default when the time period has ended? There is a hearing set to be heard in a month. I am hoping that a motion to enter default could be heard at the same time. What is a court's stance on returned mail. I don't want to drag this out, I want to get the kids back to Idaho where they belong following the quickest path possible. Please help.

 

[army judge]

I'm afraid there's little a website can do but tell you the obvious, you need to hire an attorney.

An Idaho court will have great difficulty obtaining jurisdiction over a CA resident.

There are a few exceptions, a criminal charge as been lodged, or the children were the subjects of a domestic relations child custody matter.

Are you one of the parents?
Were you married to the other parent?
Are the children living with the parent who possesses primary guardianship over the children?

Elaborate please, in order to receive a better answer.

 

[Don't know what to do]

I'm afraid there's little a website can do but tell you the obvious, you need to hire an attorney.

An Idaho court will have great difficulty obtaining jurisdiction over a CA resident.

There are a few exceptions, a criminal charge as been lodged, or the children were the subjects of a domestic relations child custody matter.

Are you one of the parents?
Were you married to the other parent?
Are the children living with the parent who possesses primary guardianship over the children?

Elaborate please, in order to receive a better answer.

I am the great-aunt to the children. The other co-guardian is my daughter. They are my brother's grandchildren and the parental rights of the biological parents was terminated in 2010. I had sole guardianship of them for seven years (beginning in April 2008) and she was added as co-guardian last year after we moved to Idaho from our native state of California. Idaho has jurisdiction over the guardianship case. She is in California right now (with the children) by way of many lies and deceptions that I did not see until it was too late and she was already there. I was there with her initially, but when I became aware of the ruse I left and came back to Idaho. The police were called and they would not make her let me take the kids to leave since they weren't being physically abused at the moment.

One of the lies that she used is that her boyfriend, who claims to suffer from PTSD, has a medical marijuana card and has a few plants he grows so he can smoke his weed at night to keep the nightmares away. In reality, he has a commercial growing venture going on where the marijuana in the pictures I took was estimated at about $40K at the time. I don't know how much more he has now...or less since this information is already before the court with pictures included. Because we are co-guardians, we are equals in the eyes of the court - though this past summer they did pass a new law in Idaho where only a single individual can be appointed guardian, there are no more co-guardian appointments being made.

Another lie that I learned of is that my daughter had actually married a man four years ago with the intent of taking the kids from me then. She was trying to paint a nice family picture for the court and thought marrying that guy would help. She is now divorced, which is how I came to even learn of the marriage.

If I had the money for an attorney, I would have already hired one. That isn't possible right now. I tried to find an attorney who might take the case on a pro-bono basis, but they aren't looking to spend much time or effort on pro-bono cases. This, being an adversarial case, would require more time, effort, and energy than the attorneys in the area are willing to volunteer.

Any assistance with what must be done about the returned paperwork would be appreciated.