How can my sister get back her guardianship of her child? 3 Answers as of August 08, 2011

The grandmother of my sister's son has filed for full legal guardianship/custody. There is a current restraining order against my sister and the grandmother...is my sister allowed to appear in court without violating the order? She was not legally served regarding the guardianship, as the grandmother stated that my sisters address was unknown, which is not true. I feel the grandmother is doing this out of spite, which is also why the restraining order is in effect...ie, she is purposely doing this to gain control, so my sister will not be able to see her own son. The grandmother has not returned my sister's son since his birthday party, 3 months ago - and now with he restraining order, my sister cannot get her son back...there is a court hearing set for August for guardianship. Please tell me what action or legal forms need to be filed in response.

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Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Yes she may appear in court without violating the TRO. She can call a lawyer or press her luck in the self help center.
Answer Applies to: California
Replied: 8/6/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
More than just filling out forms are needed in this case. If the grandmother persuades the court your sister was properly served notice of the guardianship hearing, the court can proceed with the grandmother's request. Without a careful examination of the pleadings,it is impossible to determine the best legal approach. A review of the restraining orders are also necessary to ensure your sister is protected in her effort to attend this rapidly approaching hearing.
Answer Applies to: California
Replied: 8/5/2011
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