What are my rights for child custody? 1 Answers as of June 02, 2011My mom has legal guardianship of my daughter. She placed my daughter back into my home to "settle her back in" and had court today to give me back gaurdianship. She got into trouble at court and was fined for placing her back with me. She also got into trouble for not serving her husband with papers as she served me. How can she get out of this trouble if she didnt know about it?
Komanapalli Massey LLP | Mark A. Massey, Esq.
Is it the juvenile dependency court, as I suspect it is? If so, what is the social services agency's position? If it is just the family law or probate court, your mother's problem will be less. If it is the dependency court,and if she was ordered not to allow you unmonitored contact, or only limited contact with your child, then your child may end up in a strange foster home. Your mother had no authority to relinquish her legal guardianship over the child without the court's approval. Only a court can terminate a legal guardianship. Given your mother's unilateral act in violation of court orders, if that is what she did, the court might just do that now. You folks seriously require the assistance of a good attorney who is well versed in child custody issues, especially if this is the juvenile dependency setting I suspect it is. I used to prosecute these cases for the County of Los Angeles,but I have been defending parents and caretakers against abuse and neglect allegations, and securing their custodial rights for the past 15 years. If you care to retain our services and live in the Southern California area, give us a call. We are expensive to retain, but we do know what we are doing and how to best approach your problems.Give us a call.
Answer Applies to: California