Petition for Guardianship? Help

[kahless720]

What is the name of your state? Riverside, California.

My friend currently is in the process of getting a divorce. She has a daughter with her soon to be ex-husband. Her daughter currently stays with her parents. She does have custody of her daughter.

The daughter is supported only by my friend and her parents.

She is living with me for the time being till she finds a place to stay in my area of southern california.

The other night she was looking online at riverside county public records, and found a case regarding gardianship of her daughter. This was a shock to both of us as she had never recieved any notice regarding her parental rights or custody. This is what we saw online.

12/12/2005 PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN

12/12/2005 CONSENT OF GUARDIAN, NOMINATION AND WAIVER OF NOTICE FILED. (GC-211)

ORDER APPOINTING TEMPORARY GUARDIAN FILED; PAULETTE DURAND-BARKLEY (GC-140)

DEBORAH FAKENAME, LAWRENCE FAKENAME APPOINTED TEMPORARY GUARDIAN

LETTERS OF TEMPORARY GUARDIANSHIP OF THE PERSON ISSUED AND FILED AS TO DEBORAH FAKENAME, LAWRENCE FAKENAME (GC-150)

12/22/2005 DCT (MS. FAKENAME INVESTIGATOR) APOINTED INVESTIGATOR.

01/06/2006 HEARING RE RECONSIDERATION OF THE PETITION FOR APPOINTMENT OF TEMPORARY GUARDIANSHIP

02/10/2006 HEARING RE: PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON


What exactly does all of this mean? It says her parents were apointed temporary guardian. Have her custody rights been terminated? Why hasn't she recieved notice of this? If someone could shed some light on to this and tell us how she can insure she remains Guardian of her daughter... we would both appriciate it. Thank you.

 

[justalayman]

It sounds like her parents filed for and recieved TEMPORARY guardian status. If this is the case I would guess that your friend does not speak with her own parents. Her parents may have done this since they are taking care of the child and with this they are allowed to provide care and recieve information concerning the child that they otherwise are not be able to do. Along with this they would probably have temporary custody.

If you were looking for this online I would guess that there have been some idea as to this happening. It sounds like there is no communication between your friend and her parents. She might start by giving them a call and asking them.

For this to happen without notification, the courts probably had difficulty locating either parent or had an immediate care concern for the youngster.
sounds like your friend needs to contact the courts. There is already a date scheduled Jan 6 to reconsider the situation. Your friend NEEDS to be there to show why the parents should not recieve guardianship.

 

[kahless720]

actually, i've been present when shes talked to her parents before on several occasions. shes met with them 3 days ago last week. may not sound like a lot but it is quite a drive from here to there heh.

is there some way that her husband could have terminated rights on her behalf?

 

[Zephyr]

actually, i've been present when shes talked to her parents before on several occasions. shes met with them 3 days ago last week. may not sound like a lot but it is quite a drive from here to there heh.

is there some way that her husband could have terminated rights on her behalf?

no her husband can't terminate her rights without her knowing...how long has the child been with the grandparents?

 

[kahless720]

since around march they began to reguarlary stay there if i remeber correctly. howerver they didnt petition for temporary guardianship until recently. In order for them to be granted guardianship... wouldn't she have to sign SOMETHING?

 

[Zephyr]

since around march they began to reguarlary stay there if i remeber correctly. howerver they didnt petition for temporary guardianship until recently. In order for them to be granted guardianship... wouldn't she have to sign SOMETHING?

so mom knew they petitioned for guardianship and then did not go to the hearing? what has mom been doing since march? how often does she see the child? why isn't the child with her now, at your place? maybe the child is better off staying with the grandparents...

 

[kahless720]

This is new. Aparently her mother and her husband have had restraining orders placed upon her on 12/13/05!

2/13/2005 TEMPORARY RESTRAINING ORDER AND NOTICE OF HEARING (DOMESTIC VIOLENCE PREVENTION) FILED BY CHRISTOPHER FAKENAME, REPRESENT BY PRO/PER.

12/13/2005 TEMPORARY RESTRAINING ORDER AND NOTICE OF HEARING (DOMESTIC VIOLENCE PREVENTION) FILED BY DEBORAH J FAKENAME, REPRESENT BY PRO/PER.

the same day...

12/13/2005 DEBORAH FAKENAME, LAWRENCE FAKENAME APPOINTED TEMPORARY GUARDIAN

there is another situation as well. she is currently the recipient of ssi checks do to her being diagnoised with bi-polar**************
her mother is the represenative payee.

she was also invited to her mothers house, on two occasions sense then, to see her daughter...... i dont like the looks of this

 

[kahless720]

so mom knew they petitioned for guardianship and then did not go to the hearing? what has mom been doing since march? how often does she see the child? why isn't the child with her now, at your place? maybe the child is better off staying with the grandparents...

No she did not know. That is the point.

She was not informed by anyone they petitioned, and were granted, temporary guardianship. We found out through the internet, searching public records!

The only reason the child wasn't brought up here with her when I picked her up, was because she was with her grandparents at the time, not her mom. The grandfather (my friends father) had gotten into a physical confrontation with her earlier that nite so she was afraid to go get her daughter.

After that, her parents kept telling her that they would not release her daughter to her no matter what.

 

[seniorjudge]

No she did not know. That is the point.

She was not informed by anyone they petitioned, and were granted, temporary guardianship. We found out through the internet, searching public records!

The only reason the child wasn't brought up here with her when I picked her up, was because she was with her grandparents at the time, not her mom. The grandfather (my friends father) had gotten into a physical confrontation with her earlier that nite so she was afraid to go get her daughter.

After that, her parents kept telling her that they would not release her daughter to her no matter what.

Does the court record show that ma was notified?

(Guardianships for minors cannot proceed unless all interested parties are notified.)

 

[kahless720]

12/12/2005 CONSENT OF GUARDIAN, NOMINATION AND WAIVER OF NOTICE FILED. (GC-211)

it lists that, however, as she was living with me at the time, I know she was not informed on that date, prior to that date, or even after that date.

 

[LdiJ]

Does the court record show that ma was notified?

(Guardianships for minors cannot proceed unless all interested parties are notified.)

Temporary orders can be made in alot of states.

Its sounds to me like the grandparents wanted to make sure that your friend couldn't move her child with her, so they made an emergency petition for guardianship.....and threw in the restraining order to make their case stronger.

Your friend MUST show up in court on January 6th to contest this. It would be better if your friend had an attorney, but even without one she needs to show up.

 

[kahless720]

Temporary orders can be made in alot of states.

Its sounds to me like the grandparents wanted to make sure that your friend couldn't move her child with her, so they made an emergency petition for guardianship.....and threw in the restraining order to make their case stronger.

Your friend MUST show up in court on January 6th to contest this. It would be better if your friend had an attorney, but even without one she needs to show up.

so that means, an emergency petition for guardianship can be put through without the current parent/guardian's concent?

 

[LdiJ]

so that means, an emergency petition for guardianship can be put through without the current parent/guardian's concent?

Any guardianship petition can be ordered by a judge without a parent's consent. Normally that's not done easily, but it can be done. However, an emergency petition can be granted without a parent's knowledge or without the parent being served.

Those petitions are granted on a temporary basis, with a full hearing then scheduled later on down the road. Normally its then required that the parent be served so that the parent can be present at the hearing. Since your friend hasn't been served, I suspect that the grandparents intend to say that she can't be found.

That's why its so critical that she show up....she will seriously mess up their strategy if she is there to contest the guardianship. You didn't answer an important question though.

Obviously, your friend was also living at her parents house for a while. When did the children begin living there WITHOUT their mother also living there?

 

[justalayman]

12/12/2005 CONSENT OF GUARDIAN, NOMINATION AND WAIVER OF NOTICE FILED. (GC-211)

it lists that, however, as she was living with me at the time, I know she was not informed on that date, prior to that date, or even after that date.

Apparently they can award guardianship without notification.

It sounds like g-parents MAY have failed to inform the court they know where mom is. Although, as LdiJ stated this seems to be a rush deal based on the facts g-parents told the court and in protecting children they can do alot.

Remember, this is a temporary order. Mom needs to get to court on the 6th. A lawyer would be good to have as well but if not possible mom needs to be there. Mom needs to be sure the courts have CURRENT address for her so as to allow proper notification of actions.

By the statements made, mom should not trust her parents as to what is going on. I'm sure they are doing this in the interest of the child but g-parents sometimes take inappropriate actions. They have obviously left mom out of the loop. (based upon the original post at face value)

 

[kahless720]

Okay so her husband has a restraining order against her.

In the court records it lists this:

Complaint Number: 2
Complaint Type: DOM VIOL W/CHILD(REN)
Filing Date: 12/13/2005
Complaint Status: ACTIVE

What I'm worried about is because it was filed as "DOM VIOL W/CHILD(REN)" does that mean she is unable to come into contact with her child?

Or does the Order Temporary Guardianship prevent her from taking her child back? Does the order revoke her parental rights? Suspend them? Whats going on.