newguardian
Junior Member
I live in California.
I was recently granted guardianship of my 11 month old great-nephew. His father is my deceased brother's son (whose mother is also deceased, so there are no grandparents on our side for my great-nephew). During the hearing, which was held four days prior to birth of their next child, I asked that my nephew and his girlfriend be drug tested (they did consent) as they are both addicts and the court wanted to find the truth of the matter. The judge asked whether I intended to seek guardianship of the newborn if the parents tested positive and I told him I did. Dad tested positive for several substances and has since moved out of state to get his life together. Mom tested positive for methamphetamines, but the results were not in prior to the birth of the new baby (it was a hair follicle test).
The hospital did a urine test on mom when the new baby was born and it was negative, so they let her take the baby home from the hospital. The follicle results came in one day later. After the baby was born, Mom did not go back to where she had been staying, instead she went to stay at her grandparents home with the new baby.
Four days after the birth of the baby, CPS was going to do a house visit and a drug test on the girlfriend. She left for the night because she new she would test dirty already. She is currently on probation due to a drug related incident that happened while she was pregnant with the 11 month old. She also admits to drug use while pregnant with her oldest daughter.
These same grandparents raised her and their home is at the root of the girlfriend's problems. The grandparents house is over-filled as they currently care for their brain-damaged daughter (due to a drug related incident) and her three kids in their home. They also have guardianship of the 23 month oldest sibling of the newborn whom they have cared for since the girlfriend abandoned her there at 59 days old. They felt they were the only ones capable of taking care of her because she is bi-racial and they did not believe anyone else would treat without some kind of prejudice. This all happened prior to us finding out more about the family.
The girlfriend's mother lives in a trailer in the driveway of the house with her boyfriend and their 1 year old daughter. The girlfriend's mother is her drug connection, according to my nephew and his girlfriend. The girlfriend has been on drugs since she was 13 (now turning 21). The girlfriend's mother claims to be a 'functional drug addict' and is often annoyed that my nephew and her daughter not 'functional drug addicts'. The girlfriend's mother is also on probation again, this time for petty theft with a prior.
The girlfriend's grandfather is currently on probation for spousal abuse and willful cruelty to a child (from 2005). The grandmother currently takes prescription pain killers to treat an infection because she has no health insurance and can buy the pain killers on the street (through her daughter).
During the ex-parte hearing for the newborn, the judge pro-tempre ordered that the newborn stay with mom until Family Court Services has done a partial investigation and home visit to both homes. I have no problem with anything FCS might want to do, but I do have a problem with the baby staying with her mom and in that household while it is being sorted out.
I have the 11 month old due to the physical, mental and emotional abuse by his mother, much of which was reported to us by the grandparents who witnessed the acts, but would not report her to CPS. I have reported that household to CPS on more than one occasion and they have not found anything significant to warrant intervention during the times they have visited. They actually have to see what is being alleged (and I understand all the reasons why), but this family has decades of experience dealing with the police and CPS. They know how to put on a show.
At the ex-parte hearing, the judge pro-tempre wouldn't even listen to the information about the mom continuing to use since the birth of the baby and that she was making calls as recently as the weekend before from the drug dealer's house (her mother was there with her - buying more to sell). The judge pro-tempre had only reviewed the ex-parte filings for the whole morning calendar during the ten minute break of the morning calendar.
How can I get this matter back in front of the regular judge sooner than the 45 days set by the judge pro-tem? I keep thinking there has to be some kind of motion I can file or something with an order shortening time, but I don't know. I have been using a legal document preparer to help fill out forms, but we don't know what form(s) are the right one(s) to use for this. I consider it to be an emergency here, am I simply overreacting.
I was recently granted guardianship of my 11 month old great-nephew. His father is my deceased brother's son (whose mother is also deceased, so there are no grandparents on our side for my great-nephew). During the hearing, which was held four days prior to birth of their next child, I asked that my nephew and his girlfriend be drug tested (they did consent) as they are both addicts and the court wanted to find the truth of the matter. The judge asked whether I intended to seek guardianship of the newborn if the parents tested positive and I told him I did. Dad tested positive for several substances and has since moved out of state to get his life together. Mom tested positive for methamphetamines, but the results were not in prior to the birth of the new baby (it was a hair follicle test).
The hospital did a urine test on mom when the new baby was born and it was negative, so they let her take the baby home from the hospital. The follicle results came in one day later. After the baby was born, Mom did not go back to where she had been staying, instead she went to stay at her grandparents home with the new baby.
Four days after the birth of the baby, CPS was going to do a house visit and a drug test on the girlfriend. She left for the night because she new she would test dirty already. She is currently on probation due to a drug related incident that happened while she was pregnant with the 11 month old. She also admits to drug use while pregnant with her oldest daughter.
These same grandparents raised her and their home is at the root of the girlfriend's problems. The grandparents house is over-filled as they currently care for their brain-damaged daughter (due to a drug related incident) and her three kids in their home. They also have guardianship of the 23 month oldest sibling of the newborn whom they have cared for since the girlfriend abandoned her there at 59 days old. They felt they were the only ones capable of taking care of her because she is bi-racial and they did not believe anyone else would treat without some kind of prejudice. This all happened prior to us finding out more about the family.
The girlfriend's mother lives in a trailer in the driveway of the house with her boyfriend and their 1 year old daughter. The girlfriend's mother is her drug connection, according to my nephew and his girlfriend. The girlfriend has been on drugs since she was 13 (now turning 21). The girlfriend's mother claims to be a 'functional drug addict' and is often annoyed that my nephew and her daughter not 'functional drug addicts'. The girlfriend's mother is also on probation again, this time for petty theft with a prior.
The girlfriend's grandfather is currently on probation for spousal abuse and willful cruelty to a child (from 2005). The grandmother currently takes prescription pain killers to treat an infection because she has no health insurance and can buy the pain killers on the street (through her daughter).
During the ex-parte hearing for the newborn, the judge pro-tempre ordered that the newborn stay with mom until Family Court Services has done a partial investigation and home visit to both homes. I have no problem with anything FCS might want to do, but I do have a problem with the baby staying with her mom and in that household while it is being sorted out.
I have the 11 month old due to the physical, mental and emotional abuse by his mother, much of which was reported to us by the grandparents who witnessed the acts, but would not report her to CPS. I have reported that household to CPS on more than one occasion and they have not found anything significant to warrant intervention during the times they have visited. They actually have to see what is being alleged (and I understand all the reasons why), but this family has decades of experience dealing with the police and CPS. They know how to put on a show.
At the ex-parte hearing, the judge pro-tempre wouldn't even listen to the information about the mom continuing to use since the birth of the baby and that she was making calls as recently as the weekend before from the drug dealer's house (her mother was there with her - buying more to sell). The judge pro-tempre had only reviewed the ex-parte filings for the whole morning calendar during the ten minute break of the morning calendar.
How can I get this matter back in front of the regular judge sooner than the 45 days set by the judge pro-tem? I keep thinking there has to be some kind of motion I can file or something with an order shortening time, but I don't know. I have been using a legal document preparer to help fill out forms, but we don't know what form(s) are the right one(s) to use for this. I consider it to be an emergency here, am I simply overreacting.
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