Phoenix, AZ asked in Child Custody, Family Law and Native American Law for California

Q: i signed a notarized letter for my mom to care for my son and now she filed for guardianship how do i get my child back

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

A: Review the Notarized Letter: Carefully review the notarized letter you signed granting temporary care of your child to your mother. Pay attention to the specific terms, duration, and conditions outlined in the letter. Understanding the scope and limitations of the arrangement will help inform your next steps.

Understand the Guardianship Filing: If your mother has filed for guardianship, it means she is seeking to obtain legal authority over your child's care and decision-making. Guardianship is typically a more permanent and formal arrangement than a temporary caregiving arrangement. The court will review the petition and assess whether granting guardianship is in the best interests of the child.

Seek Legal Representation: It is crucial to consult with a qualified attorney who specializes in family law as soon as possible. An attorney can review the circumstances, assess the validity and implications of the notarized letter, and advise you on the best course of action to regain custody of your child. They can guide you through the legal process, represent your interests, and help present your case to the court.

File an Objection: Your attorney can help you file a formal objection to the guardianship petition. This will allow you to present your arguments and evidence to the court, asserting your parental rights and expressing your concerns about the proposed guardianship. The court will consider both parties' positions and make a decision based on the best interests of the child.

Court Proceedings: Be prepared for court proceedings where both sides will present their case. The court will consider various factors, such as the child's well-being, the parent-child relationship, and the stability and suitability of each party involved. The court may also appoint an attorney or guardian ad litem to represent the child's best interests.

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