Guardianship question

[Isis1]

I live in CA!

i have more of a curious question.

Nov 2005, father filed to have paternal grandmother assume guardianship over child (age 3 at the time). mother (that's me) was never served with any papers, no phone calls. Mother was NCP (by choice, no legal paperwork) at the time. Mom and Dad talked on and off. Mom picked up kids 4-5 times a week and kept them weekends. Father claimed on paperwork he had no idea of my whereabouts. Claimed his address as mother's. child in question was living with paternal grandmother. Mother wanted custody of child since father did not want to be bothered. Dad said no. at this time, mom had no idea any paperwork was filed for guardianship. Informed dad that mom now had a work schedule that would allow her to put the child in daycare so the kids could at least live in the same house with him (dad had older child who was 7 at the time). Dad says no, Mom receives a phone call the end of Jan 06 from a probate person with the court (i forgot her title) she calls mom on cell phone stating why doesn't mom want anything to do with her kids. mom is surprised. goes down to courthouse that same day to pull the file. read file. it stated that personal service to mom was to be served within five days back in Nov. this was never done. hearing was heard in April 06, mom contested, request for guardianship denied.

now...the paternal grandmother was running all over town with the guardianship paperwork stating she had custody. (ntc to serve was on the paperwork). doctors, schools, the whole nine yards. even after the case was dismissed.

my question is....was that guardianship even valid at any time as mom was never served at any time? no proof of service was filed.

 

[casa]

I live in CA!

i have more of a curious question.

Nov 2005, father filed to have paternal grandmother assume guardianship over child (age 3 at the time). mother (that's me) was never served with any papers, no phone calls. Mother was NCP (by choice, no legal paperwork) at the time. Mom and Dad talked on and off. Mom picked up kids 4-5 times a week and kept them weekends. Father claimed on paperwork he had no idea of my whereabouts. Claimed his address as mother's. child in question was living with paternal grandmother. Mother wanted custody of child since father did not want to be bothered. Dad said no. at this time, mom had no idea any paperwork was filed for guardianship. Informed dad that mom now had a work schedule that would allow her to put the child in daycare so the kids could at least live in the same house with him (dad had older child who was 7 at the time). Dad says no, Mom receives a phone call the end of Jan 06 from a probate person with the court (i forgot her title) she calls mom on cell phone stating why doesn't mom want anything to do with her kids. mom is surprised. goes down to courthouse that same day to pull the file. read file. it stated that personal service to mom was to be served within five days back in Nov. this was never done. hearing was heard in April 06, mom contested, request for guardianship denied.

now...the paternal grandmother was running all over town with the guardianship paperwork stating she had custody. (ntc to serve was on the paperwork). doctors, schools, the whole nine yards. even after the case was dismissed.

my question is....was that guardianship even valid at any time as mom was never served at any time? no proof of service was filed.

No. It was a petition for guardianship which was denied. And, now Custody has been addressed even SINCE then....so the current Custody Order stands, regardless.

 

[Isis1]

thanks casa, i was just curious. it was just a nosey quesion. I don't know alot about law, knew even less back then. i ran across the guardianship papers today and the question had popped up when i went over some medical evaulation with the paternal grandmother all over it.

thanks again for entertaining my question !

 

[casa]

thanks casa, i was just curious. it was just a nosey quesion. I don't know alot about law, knew even less back then. i ran across the guardianship papers today and the question had popped up when i went over some medical evaulation with the paternal mother all over it.

thanks again for entertaining my question !

The only time that would come up is if there was any type of future modification or evaluation(s), in which case it could be used by the other side to try to taint the scenario in the past...but your actions then, now & most importantly the current Court Order make it pretty much a moot point. You had a classic case of the CP attempting Parental Alienation ~ and they suffered what we warn CPs about: Reversal of Custody. ( A good thing in your case )