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  1. #1

    Arrow Grandmother Taking Guardianship Without Consent

    My question involves guardianship in the State of: California.

    I have two children with my ex-boyfriend. We were never married, and he left me upon learning I was pregnant with a second child. I currently live with my ex's mother.

    A year and a half ago we granted his mother temporary custody so that we could go look for a home and jobs in texas, as we were unable to find jobs and a place to live within our price range in California. The custody order specifically said once we had a home established, custody of our daughter would return to us.

    Five months later, just before we moved into said home, I discovered I was pregnant again, and my ex told me he'd changed his mind about having another child, and left me.

    I moved in with my parents for a time, and they informed me that they had been told that I was not going to receive custody of my daughter back. I attempted to get visitation, but I was refused. Finally, after my son was born, my ex's mother called me herself, said she didn't know I had been trying to see my daughter (this is an issue with my parents), and offered to let me move in with her so that the children can be together. I moved in, and proceeded to help care for her household and my children while she worked. Due to the economy, I have been unable to find a job in California, though I am still looking. The grandmother told me not to worry about it, and so long as I helped around the house, it was no problem.

    I recently became engaged to a good friend of mine who I started dating while I was pregnant. My son is now 4 months old, and said grandmother offered to let me go spend a month on vacation with my new fiance, and she would care for my son. (She still has custody of my daughter.) I checked with her multiple times to ensure it was all right, offered to take my son with me (Which had been my original plan), and she informed me that her son (the children's father) was going to come for a visit while I was gone, so that the kids could spend some time with him.

    I agreed, after many reassurances, and left the grandmother with a handwritten letter (no notary, not a poa) saying that she could seek medical attention for my son. She has a copy of his insurance card, but NOT of his birth certificate.

    A few days into my trip, (today) she informed me that she cannot find childcare for my son with that, and that she is going to go have temporary custody of my son assigned to her. She has had her son (the baby's father) sign the form, and says that it is done, my signature is not required.

    I don't have the money to buy another plane ticket back right now, my return ticket is not until the 15th of February.

    What can I do? Can she really do this? What do I need to do to prevent this, and or get custody back if she can? Is there any way that I could get custody of my daughter back too?

    I'm sorry this is so long, thank you for your help in advance!

  2. #2

    Default Re: Grandmother Taking Guardianship Without Consent

    An Addendum: I called her back last night, and reiterated that she needed my signature to have custody granted to her, and she said "That's for the Judge to decide." She told me she is going to fight me on this.

    I do not have money for an attorney, though I've found a free legal aid clinic that I'm planning on talking to in a few minutes.

    Any advice? Can she just take my son?

  3. #3
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    Default Re: Grandmother Taking Guardianship Without Consent

    Quote Quoting Amandaterasu
    View Post
    An Addendum: I called her back last night, and reiterated that she needed my signature to have custody granted to her, and she said "That's for the Judge to decide." She told me she is going to fight me on this.

    I do not have money for an attorney, though I've found a free legal aid clinic that I'm planning on talking to in a few minutes.

    Any advice? Can she just take my son?


    Have ANY of these things been done through the courts? The original custody order? Anything?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4

    Default Re: Grandmother Taking Guardianship Without Consent

    The original temporary custody order for my daughter was done in a probate court, i believe, as it was not contested at the time it was set up. we just all filled out the forms and submitted them.

    A side question - i cannot go get my son immediately, but i have a friend who could go pick him up today. Can I do that? write a letter or something saying they have my permission to remove my son from his grandmother effective immediately?

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