Stockton, CA asked in Family Law for California

Q: Im a mother and I want to file to terminate guardianship but have misdemeanor warrants in that county will that come up

Its been 6 years now that her grandparents filed for and where granted guardianship i want it terminated but the misdomenor warrants hold me back can i file without taking care of the warrants

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2 Lawyer Answers
Mike Darlington
Mike Darlington
PREMIUM
Answered
  • Shingletown, CA
  • Licensed in California

A: You can file, but there is almost no chance you would be successful. Get up this Monday and start working on your warrants. You may take some lumps to clear those up but if you really want your kids back you will do anything you have do to make that possible. The longer you wait the harder it is going to be in both circumstances.

Chris M. Bradford
Chris M. Bradford
Answered
  • Santa Monica, CA
  • Licensed in California

A: You need to take care of the warrants first because if you don't and you go into the guardianship court without it, the fact that you have not taken care of the warrants will look very poorly on you. You want to be able to show the judge that you can take care of your life, by cleaning everything up, before you go back to the guardianship court. When you have taken care of that, then you file a petition in the same guardianship court and ask for the guardianship to be terminated. You should get help in preparing your petition (request) to the guardianship court, because you want to make your case as strong as possible.

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