Chandler, AZ asked in Child Custody and Family Law for California

Q: I was incarcerated and had a child during that time and gave temporary guardianship to my mother. She went to court and

Got guardianship for my son, she will not let me see him and I need help on figuring out how to get him back please help me. She even went as far as to call my parole officer and tell him to put a restraining order on me as a part of my parole stipulations and my PO lied to me and said that it was effective & for a year I thought I couldn’t even contact them about my child... until I got a new PO who went over my stipulations with me

And informed, Me that that rule was never in effect . What do I do? I want my son and I want to sue my PO

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1 Lawyer Answer
Shawna Murray
Shawna Murray
Answered
  • Irvine, CA
  • Licensed in California

A: To end your mother's guardianship of your son, you will need to demonstrate to the judge that it is in your child's best interest to end the guardianship. First, you will need to file a Petition to Terminate Guardianship in the court where the guardianship was granted. You can use the Judicial Council form GC-255. You will also need to give notice to the current guardian using form GC-020. You should check the court's website for any other local forms you may need before filing. I highly recommend that you consult with an attorney as well.

As for suing your parole officer, you should post a question in the civil attorney's category. Best of luck!

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