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Child guardianship question...

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Junior Member
What is the name of your state? - California

Well, I have never gone about seeking legal help for anything before so not really sure where else to begin except the begining so terribly sorry if this gets a little long winded. Anyway, here goes...

In june of '03 I was working the graveyard shift at a gas station. All of a sudden, in walks this gorgeous specimen of a woman. Apparently she thought I wasn't so bad either because her gas station visits became more and more frequent. In the process of this little courting ritual she found out that I would be working a day shift one week and what do ya know, she shows up again. This time she has a little boy with her. I find out it's her son and my first thought is oh...she is already taken. Guess I am just old fasioned like that. Anyway, her son and I hit it off pretty well in the store, he was three at the time so that mostly consisted of me saying hello and him turning beet red and hiding in his mamma's shoulder. Before they left that day he managed to smile at me and wave so I considered it a success. A few days later, back on the night shift, she comes in again and I find out that she isn't taken after all so...I ask her out on a date and then two days later, we are a couple. Yay, good for everybody right? Not really...

It turns out that her mother is the one that has custody of her son. Apparently, when the boy was very little (2000), his mother was rather depressed about the boys father leaving, loss of freedom, etc., and kinda got into drugs. There was some neglect involved apparently and her mother stepped in and received custody of the boy. Time passes and the boys mother gets her **** together and goes back to school to become a cosmotologist. She graduates with a certificate from that school and then enrolls in massage school. I met her while she was enrolled in massage school to get a little bit of a time frame reference.

In the two plus years we have been together we have tried to return custody of the boy to his rightfull mother but HER mother is not willing, saying that her daughter is 'just not ready'. So, we took her to court. At that time we did not have a place of our own, living with my parents, so the judge did not return custody but rather put my fiance and her mother into mediation. Well, they have been in mediation for 1 year and nothing really has changed. To continue mediation we need to take her mother back to court but this time we would like to have a lawyer but as I stated in the beginning of this little note, I have never gone about seeking legal help so not really sure what I am doing...which brought me here...

Any help is good help...thank you!

[email protected]


Under the Radar Member
Well, for starters - "we" aren't taking grandma to court for anything - Mom is the one who does that. You're just there in a supporting role. After 5 years, Mom is going to have to show why it would be better for the child to be removed from the only home he has really known. Show she'll need to prove that she's been clean for a goodly length of time, she's got her life under control, has an established relationship with the kid, has a place to live and the means to support him, etc.

Her best bet would be to have a (family law) lawyer working for her.


let mom work it out you can do nothing

YOU have no legal standing to do anything-only mom does. let her work it out

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