Petition for Temporary Guardianship

[kahless720]

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

A friend of mine has a child who the grandparents had gotten a petition for temporary guardianship issued. The petition was filed the day after a family dispute in which my friend fled from her husband(the father) and parents house for her safety. Her daughter was left in her parents care.

Her parents filed the order with the support of her husband without informing her although they had been in contact with her by phone for the entire time.

Her husband was not aware she had been in contact at the time, and believed she left the state. Upon discovering that he had been decieved by her parents, he decided to help my friend in reobtaining custody of their daughter.

Because he helped the parents with the original issuing of the petition for temporary guardianship, does that mean if he was to appear in court, along side my friend, and state he wishes for the order of temporary guardianship to be revoked, that it can be thrown out?

I've heard that if he was to do so, the parents would have no legal ground to stand on, however, im not sure.

 

[Mbarr77]

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

A friend of mine has a child who the grandparents had gotten a petition for temporary guardianship issued. The petition was filed the day after a family dispute in which my friend fled from her husband(the father) and parents house for her safety. Her daughter was left in her parents care.

Her parents filed the order with the support of her husband without informing her although they had been in contact with her by phone for the entire time.

Her husband was not aware she had been in contact at the time, and believed she left the state. Upon discovering that he had been decieved by her parents, he decided to help my friend in reobtaining custody of their daughter.

Because he helped the parents with the original issuing of the petition for temporary guardianship, does that mean if he was to appear in court, along side my friend, and state he wishes for the order of temporary guardianship to be revoked, that it can be thrown out?

I've heard that if he was to do so, the parents would have no legal ground to stand on, however, im not sure.

What kind of timeline are we talking about? How long has the grandparents had temporary guardianship now?! How long were the kids at their grandparents before they were awarded temp guard? I know you said the request was filed the next day, but when was the request actually granted?

 

[kahless720]

Petition was filed on 12/12, granted on 12/13, so they havent had guardianship for that long. The hearing for reconsideration is on 1/6/06.

 

[casa]

Petition was filed on 12/12, granted on 12/13, so they havent had guardianship for that long. The hearing for reconsideration is on 1/6/06.

The court is going to want to know what 'danger' the mother was in....and why if she was in danger, did she leave her children there.

 

[kahless720]

danger from abuse from her father, who the child is with at the moment. thats why she wants to remove her child from their custody.

 

[weenor]

More to This Story

I really see some holes here. . .Apparently somebody made some allegations that the judge took as gospel because of the ex parte order. Mom will need to refute those allegations and I'm not sure that Dad swinging back and forth will be helpful. Mom needs a lawyer- yesterday.

 

[Mbarr77]

danger from abuse from her father, who the child is with at the moment. thats why she wants to remove her child from their custody.

Danger from abuse from who's father? The babies, or the mothers? I am getting confused.

 

[kahless720]

sorry

the mothers father is the abusive one.

the mother left town, didnt discuss with anyone, father included.

the parents of the mom lied to the dad, and told him that they didnt know where she was (they did) and the dad signed papers to help them acquire temporary guardianship.

the dad found out she is in fact in the state, and has been in contact with her parents (they're married but seperated), and wants to help her get custody returned to her.

 

[casa]

danger from abuse from her father, who the child is with at the moment. thats why she wants to remove her child from their custody.

Mom made a stupid decision then...She's going to try to convince the court that her father was abusive and she was in danger~ But she left her kids with him?! That's going to really make her story unbelievable...As most responsible parents who are in danger of abuse- leave and take their children WITH them.

Dad supporting the grandparents likely weighed heavily in court...Now HE is changing his story- which is going to be difficult to explain also.

They need an attorney ASAP.

2 different sets of grandparents that I know of personally (1 in Riverside County) just got temp. custody of their grandchild/children in similar situations. Mom took off, Dad agreed with Grandparents getting temp. custody. 1 case Dad changed his story- but wasn't convincing and now the case is being continued pending Psychological Evaluations on all parties. 1 case wound up getting 'dropped' because the Mom & Dad couldn't afford to fight it and Grandparents now (after 8 mos) have Custody/Guardianship.

 

[Mbarr77]

sorry

the mothers father is the abusive one.

the mother left town, didnt discuss with anyone, father included.

the parents of the mom lied to the dad, and told him that they didnt know where she was (they did) and the dad signed papers to help them acquire temporary guardianship.

the dad found out she is in fact in the state, and has been in contact with her parents (they're married but seperated), and wants to help her get custody returned to her.

Okay, then I think the most important factor is the fact that the mother left her child with someone she KNEW was abusive!!! And that she just up and left without taking the child with her, or making proper arrangements for the child. That is not going to look good at all for the mother. Also, it is not going to look good that the father first chose to back the grandparents, and is now flip flopping! He should have done alot more researching what was really going on before he agreed to back the grandparents. I am thinking if he was married to this woman, he had to have some idea that the father was abusive!!

 

[kahless720]

well she didnt choose to leave them. she left coz she was attacked while holding her baby, her father took the baby from her, and took her phone. she ran out of the house, into her car, and broke down. she was going to call the police but called me first to get out of there. by the time we got back up here she was reluctant to call the police coz her car is in her mothers name and didnt want her mom to report it "stolen" as revenge.

she was planing on finishing getting settled before getting her baby and bringing her up here.

 

[Mbarr77]

well she didnt choose to leave them. she left coz she was attacked while holding her baby, her father took the baby from her, and took her phone. she ran out of the house, into her car, and broke down. she was going to call the police but called me first to get out of there. by the time we got back up here she was reluctant to call the police coz her car is in her mothers name and didnt want her mom to report it "stolen" as revenge.

she was planing on finishing getting settled before getting her baby and bringing her up here.

Sorry, but I am a mother and if ANYONE, anyone at all struck me while I was holding my baby there is no way in h$ll I would leave my child in that house! I would have stayed in the house, called the police and got them there immediately. I would have filed a report, taken my child AND THEN worked on getting settled!! She is going to have alot of explaining to do, and it is not going to be easy!!! The judge is going to want to know why she left her child in a situation that was dangerous, and abusive. They are going to want to know why the dad backed the grandparents motion, and is now changing his mind. Does she have an attorney?

 

[casa]

well she didnt choose to leave them. she left coz she was attacked while holding her baby, her father took the baby from her, and took her phone. she ran out of the house, into her car, and broke down. she was going to call the police but called me first to get out of there. by the time we got back up here she was reluctant to call the police coz her car is in her mothers name and didnt want her mom to report it "stolen" as revenge.

she was planing on finishing getting settled before getting her baby and bringing her up here.

Well, unfortunately, that worse. She AND the child were attacked. Police should have been called immediately. (Unfortunately hindsight is 20/20)

Also, she'll have to prove she can provide for the children (She was being helped/supported by her parents, and does not own her own car)

She REALLY needs an attorney to fight this one.

 

[weenor]

Age

How old is your friend and her spouse? My instinct tells me that the judge signed the order because these are very young parents who have behaved like children rather than parents. She needs a lawyer.

 

[kahless720]

She did attempt to call the authorities before her cellphone was taken, it didnt go through for some reason. the phone was maulfunctioning beforehand anyways.

the only reason her car is in her mom's name is coz her mom has a car that is in her name (they swaped). she does have the means to support her self and her child. The only reason custody was taken from her is coz the parents lied to the husband, who helped them obtain temporary guardianship. and as i said, the husband originally signed papers supporting the grandparents petition for temporary guardianship, however, he realizes what was really done and wants to have the order revoked and assist my friend, the mother.