Hanford, CA asked in Child Custody and Family Law for California

Q: I have filed for temporary guardianship of my granddaughter and was rejected because of a jurisdiction issue.

And lived in Kings County until March 2023 10 1/2 months moved to Santa Barbara County lived there for an unspecified amount of time possibly 6 months but has been in Kings County and homeless and was rejected by commissioner regarding my guardianship because he said it was not our jurisdiction

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

A: In cases involving jurisdiction for guardianship, the court typically looks to the child's "home state," which is generally where the child has lived for at least six consecutive months before the guardianship filing.

If your granddaughter has been moving between counties, the court will determine the proper jurisdiction based on where she has most recently established a significant connection.

If Kings County rejected your filing on jurisdictional grounds, you may need to file in the county where she has most recently lived for the requisite period or establish the presence of significant connections in Kings County.

It would be advisable to consult with an attorney who can evaluate the specifics of your granddaughter's residency and help you file in the appropriate jurisdiction.

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