Asked in Child Custody and Family Law for California

Q: This is a guardianship case and I'm asking a question about my parental rights

I signed over guardianship to my parents while I was in prison, because living with my wife was in a safe place for my boys. Does this take away my parental rights, and the fact that my stepdad has been lying to the courts telling them that they don't know where I'm at, I'm a degenerate and have no address yet living with them and then getting mail at their address

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1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Signing over guardianship of your children to your parents does not automatically terminate your parental rights, but it does temporarily transfer legal custody of your children to your parents. As the biological parent, you still have certain parental rights, such as the right to have a relationship with your children, to make decisions about their welfare, and to seek custody or visitation rights in the future.

However, your stepdad's behavior of lying to the courts about your whereabouts and character is concerning and could potentially affect your parental rights. If the court believes that you are an unfit parent based on false information provided by your stepdad, it could limit your parental rights or even terminate them altogether. It's important to address these false statements with the court and present evidence to prove your fitness as a parent.

It's also important to note that if you want to regain custody of your children, you will likely need to go through the legal process of petitioning the court for a modification of the guardianship order. This process can be complex, so it's recommended that you consult with a family law attorney who can guide you through the process and help you protect your parental rights.

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