My question involves a child custody case from the State of: California
I am the custodial parent of a 2 1/2 year old little girl. I am married and currently living with my wife. My daughter lives with us full time and has for the last 9 months with only one visitation period to her mom, which I understand went badly. I recently obtained the papers to obtain full physical custody and implement some restrictions on her mom's visitation. Her mom signed the new order after minor editing, and I am waiting for the signed judicial order currently. I am also facing a possible five year prison sentence due to failure to comply with probation regulations involving prop 36 and medical marijuana use. I go to hearing this friday the 10th. If I receive a prison term, due to my daughters mothers ongoing drug abuse, and generally unstable situation (at the moment she's homeless) I believe that it would be more beneficial to my daughter to remain placed with my wife, in our home, than to return to her mother. Is there a way to do this and ensure continued placement? I am not sure how my daughters mother is going to react, and I would prefer to protect the temporary placement if possible. I have looked into caregiver affidavit's, temporary guardianship's, etc., and at this point am unsure how to proceed. What risks are there in obtainig a temporary guardianship? Will this cause the judge to possibly impose restrictions or other issues on my right's or return? Thank you for your time.

