Q: Can a parent withdraw consent for guardianship?
My my brother and his ex girlfriend had a baby a year ago. They are not married and he’s not on the birth certificate. After the baby was born, the mother had a heart conditions, but would not leave the baby in the care of my brother now the caregiver tricked both of them into signing consent for guardianship. My brother is been going to court for parentage and DNA testing to get custody is there anyway he can withdraw his consent?
A: A parent may withdraw consent to a guardianship so long as the Permanent Guardianship has not yet been granted. If the Permanent Guardianship has not yet been granted, the parent may file an Objection to Petition for Appointment of Guardian (Judicial council form GC-215), and clearly state why the Guardianship is not needed for the child. If the Permanent Guardianship has been granted, the parent would have to file a Petition for Termination of Guardianship (Judicial council form GC-255) and any accompanying documents or forms, but again, the most important is stating the reasons why the Guardianship is no longer needed, and supporting information that it is in the child's best interest to terminate the guardianship. Here is a link for California Courts, Judicial Branch, Forms in order to review the requirements and what forms need to be filed: https://www.courts.ca.gov/1214.htm?rdeLocaleAttr=en
Under California law, a parent can generally withdraw their consent for guardianship. If your brother did not fully understand what he was signing, or if he was misled or coerced into signing, he may have grounds to challenge the guardianship and seek custody of his child.
Your brother should consult with an experienced family law attorney who can review the specific circumstances of his case and advise him on his legal options. The attorney may be able to file a motion to terminate the guardianship and help your brother establish his paternity rights and seek custody.
It's important to note that the process for terminating a guardianship can be complex, so your brother should seek legal advice as soon as possible to ensure the best possible outcome for him and his child.
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