Q: What is the process to petition the court for emergency guardianship of my grandchild when I live in California?
My grandchild has been staying with another family member because neither of her parents are properly providing for her due to drug and alcohol issue and I am concerned for her safety in the event that she may be released back into the unstable situation.
A:
If Social Services is involved, contact the managing social work or the GAL.
If this is a private motion (without state involvement), you will need to hire a lawyer to handle the case in Colorado. Two of the biggest reasons why this is not a matter that can be handled pro se (w/o an attorney) is that you will need court approval to remove the children from the parents (which is not an easy process) and you will need court approval for the children to leave the state. Unless this is tied to a dependency and neglect case (i.e. Social Services is involved), the likelihood of receiving an emergency award is low.
There are other options. Contacting (and likely paying for) a lawyer directly can provide client-specific recommendations to achieve your goals, but Justia's Q&A does not provide direct legal advice because this would create an attorney-client relationship.
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