Las Vegas, NV asked in Family Law, Child Custody and Probate for California

Q: If a Court investigator issues a recommendation predicated on provable lies can that recommendation still be considered

Unbeknownst to my wife and I, my son's step grandmother secretly petitioned for guardianship claiming she was his biological maternal Grandmother. The Court investigator issued a recommendation based soley on the lies she told him. My wife and I found out and showed up and objected also basically proving everything she said was a lie. The judge says she can't continue, she must re-file as a non relative, which she did. My question is can the original recommendation be carried over and considered when the it would have never happened in the the non-relative petition as an investigation would be conducted by the Dept.of Human services? Both the Judge (Commissioner) and minors council seem to be operating as though this recommendation has validity. I'm not trying to be a TV lawyer but isn't all that fruit from a poisonous tree.

1 Lawyer Answer
James Edward Berge
James Edward Berge
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: If, as you suggest, the court investigator’s report contains provable lies and the recommendations contained therein are based on those lies, you should contact the court investigator immediately to show them what evidence you have. If it makes a difference in their official recommendation, they will issue a supplemental report to the court to correct the record.

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