Anaheim, CA asked in Family Law for California

Q: In regards to dcfs. Please contact me. I want to give my rights to my mom they are not being fair

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

A: It is possible that DCFS has already taken away your child and you have been sent to the Juvenile Dependency Court. If that is the case, you will be given an attorney in that court. The judge will make certain orders for classes for you to take. You must follow those orders. You cannot go to court in any other case related to your child (see below) while you are still in the Juvenile Dependency Court.

Assuming you are not in the Juvenile Dependency Court, "Giving your rights" to your mother would be either a guardianship or an adoption. In an adoption, you are not longer the mother, and your mother becomes the legal mother of your child. This is a severe action and is not usually recommended. A guardianship is less severe. In a guardianship, you remain the mother of the child but the guardian (your mother) acts like a parent to the child instead of you. The judge in the guardianship gives your mother the power to take care of the child, enroll the child in school. made decisions about medical care, and all the other normal things a mother does for a child. A guardianship can be cancelled in the future, but an adoption is permanent. First, this may seem obvious, but you need to ask your mother if she really wants to be a guardian. If she says yes, then you and your mother need to go together to see a family law attorney who handles guardianships. When you call the office to make an appointment, be sure to ask if the attorney handles guardianships. Not all family law attorneys handle guardianships. You must bring the DCFS report with you when you speak to the attorney. You won't know if you can afford an attorney until you talk to one.

If you feel you and your mother cannot afford an attorney for a guardianship you should consider going to the Self-help Center at your courthouse.

But again, if you are in the Juvenile Dependency Court, you can ask the judge to appoint your mother there as a Guardian for your child. Read this article about guardianship from the California Courts:

https://www.courts.ca.gov/1206.htm

Don't give up.

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