How to revoke a emergency temporary guardianship order and get custody ofmy daughter

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keys2012

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My ten year old daughter has been living with her father since June of this year. Her paternal grand-parents decided that her father wasn't taking care of her properly, so they filed a motion for emergency temporary guardianship. I wasn't aware of this until I was served the paper work. False allegations of drug use and other made up stories were used in order to obtain this action. I can't afford to hire a attorney, How and what do I do in order to revoke the temp. guardianship and get my daughter back? What should I expect when I go to court?
 
The obvious question is how do you know that these are false allegations?

That aside, you really need to do whatever it takes to get an attorney.
 
keys2012 said:
Do you have any other suggestions besides hiring a attorney.? Please!
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Madam, would you remove your infected gall bladder because you can't afford a surgeon?

This is far too complicated to do alone.


All you will do is lose.

His parents hired an attorney.





You are outgunned.

Hire an attorney, or contact the grandparents and offer to help.

You won't prevail in court without an attorney.
 
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Attorneys don't just wander around doing pro bono work for this sort of thing. You may find some legal aid somewhere - law schools, through the County Bar, through a court service that assists people in your situation, but you will not likely find attorneys just volunteering to take the time to file motions and appear in court for this sort of thing.

Now, if his parents are filing for temporary guardianship, something may well be is amiss with him. Have they been granted temporary guardianship? Why is she not living with you?
 
CdwJava said:
Attorneys don't just wander around doing pro bono work for this sort of thing.
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Very true. I just received a call this afternoon from a friend who wants to know how one of his relatives (a former addict with 2 kids) can find a pro bono attorney to file for divorce and fight for custody of his two children. I had to explain to him (and he understood) that the attorney also has to eat and pay the rent. This complicated expensive situation (which will cost at least $15-20,000) is his problem. If his relatives really cared, they could help him fund the cost of the battle instead of asking for an attorney who is not related at all to foot the cost for the entire affair. Why would he or she do so? This isn't a case where a poor old lady on rent control is being evicted by a heartless landlord for a minor technicality and dumping her on the street, but for the grace of God and a good hearted lawyer who will help save her. Best of luck to you... the help here is quite on target.
 
dmf32835 said:
Very true. I just received a call this afternoon from a friend who wants to know how one of his relatives (a former addict with 2 kids) can find a pro bono attorney to file for divorce and fight for custody of his two children. I had to explain to him (and he understood) that the attorney also has to eat and pay the rent. This complicated expensive situation (which will cost at least $15-20,000) is his problem. If his relatives really cared, they could help him fund the cost of the battle instead of asking for an attorney who is not related at all to foot the cost
for the entire affair. Why would he or she do so? This isn't a case where a poor old lady on rent control is being evicted by a heartless landlord for a minor technicality and dumping her on the street, but for the grace of God and a good hearted lawyer who will help save her. Best of luck to you... the help here is quite on target.
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True, so very true.


There once was a time in this country where people carried their own weight and paid their own way.

Today it seems, people only beg and steal.

I wonder how he funded his dope habit back in the day?
 
keys2012 said:
I have no family. Get it?
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Then about all you can do is conduct your actions pro bono, or, look for help through the County Bar or through aid services at a local law school, or maybe through some Family Court support offices if any such assistance exists.

You will have to do a lot of work to try and find some free assistance, but you will be doing much of the work yourself.

If the paternal grandparents are opposing their own son, SOMETHING gave them cause to do that.

Why don't you have custody of the child? Is there some reason why the court will NOT grant you custody? If you have had no problems and are otherwise capable of supporting your daughter, I suspect you will prevail almost by default in any court hearing regarding custody. The fact that a court might even consider the grandparents over you indicates to me that something in your background might be questionable. Is that so?
 
I've always have had my daughter. She wanted to spend more time with her father and siblings. This past summer, she went to live with her father. Their is no legal custody. Her father and I never felt it was necessary. The lines of communication regarding my daughter has always been excellent! I have never been arrested for drugs. My record is all good!
 
keys2012 said:
I've always have had my daughter. She wanted to spend more time with her father and siblings. This past summer, she went to live with her father. Their is no legal custody. Her father and I never felt it was necessary. The lines of communication regarding my daughter has always been excellent! I have never been arrested for drugs. My record is all good!
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Then is there any reason to think that if you show up for court that the court might just turn your daughter over to you? If there are no issues or allegations, I find it hard to imagine that the grandparents might get custody as opposed to you.

Who is currently caring for your daughter?
 
The paternal grandparents have temp. guardianship . Court is soon. Yes their is allegations and made up stories about me. How do I tell the court that these allegations are false? What forms will I need so I can file for custody? Thanks!
 
Keys, really hon, you NEED an attorney to help with this. A grandparent custody case is a very serious issue - and if they have an attorney, it's critical that you get an attorney too.

The grandparents have apparently made allegations against both of you - is that correct?
 
Allegations are made on both of us. If I was able to afford a lawyer do you actually think I'd be here asking for advice? They do not have an attorney. I am a disabled person on a fixed income. It's just me. No family.
 
We can't take you step by step through this process. You're in a very difficult situation since you've had allegations levied against you. I'm sorry - but your problems go beyond the scope of a message forum (even one as good as this).

At the very least, you need to start utilizing the self-help centers in California (I'm not sure which county you're in). You need to start reading and educating yourself.

Start here .

Have you tried a local law school? The Bar Association for a low-cost referral?
 
It is not common for a grandparent to obtain custody when a parent is capable of caring for the child. What are the nature of the allegations made against you? Do the grandparents have anything to support their allegations against you? Could their argument be related to your disability, and can that disability arguably put the child at risk?

The grandparents will have to show that both you and dad are unfit in some way. This can be a high burden. Obviously we cannot know if this is the case, but you certainly know whether their claims have some merit or not. So, attend court at the date and time indicated and make your pitch.

And, as previously suggested, check with law schools, the local bar association, or for legal aid resources to see if there might be any assistance for you.
 
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