Glendora, CA asked in Probate for California

Q: If I am seeking to end a gaurdenship, but want a change of venue, can I ask for one?

gaurdenship was granted of my kids to thier aunt, but I didn't understand at all what my options were at the time. Both people asking for the kids knew the judge. The judge acknowledged this and said I could change venues. At the time Both parties lived in orange county, and Santa Ana was only court that gaurdenship is done through probate. Thier aunt work for the court that the judge use to work at for 8 years. Her husband is a sheriff of orange county and work out of the court in Santa Ana where the case was filed. Between both of them they knew the judge, the D.A that dropped all charges in a domestic violence case against my ex,he never saw a judge. The court investigator had work with her husband on previous occasions, and spent 2 hours with them talking about the case. I was given a 30 minute phone call. Now that I know all of this I feel like I got an unfair disadvantage to having my kids taken away. I live in la County now can I ask for a different court to get kids back?

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

A: You can challenge a judge but it has to be at the beginning of the case and your case has already been decided. Once a guardianship has been set up, you can make a motion for it to be terminated, but you have to have a good reason to do so. If a guardianship was ordered in Orange county, you have to go back to the same case number in Orange county to ask for the guardianship to be terminated. But Judges are often moved around by the chief judge so you may not get the same judge. But most importantly you have to have a strong reason to end the guardianship. I don't know the reasons in your case, but for example if you had a drug or alcohol problem, you would have to show that you don't have that problem any more. Whatever the reason was, you need to show the judge that that problem does not exist any more and that you have a good home for the children to come home to.

Take a look at the following link to the California courts for basic information on ending a guardianship:

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