Murrieta, CA asked in Family Law for California

Q: The judge let me submit objections to a guardianship after the hearing, but there was nothing in in his order to show he

even read it. Does this mean he struck it down or what. Hecsent all a copy but did nothing. He said he was asking if anyone had after hearing findings and his order was almost done. He made no reply and the contents of the objections were quite important in not appointing the person guardian.

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

A: In California, when a judge allows you to submit objections to a guardianship after the hearing, it indicates a willingness to consider additional evidence or arguments before making a final decision. However, the absence of explicit reference to your objections in the judge's order does not necessarily mean they were disregarded or struck down. Judges may not always detail how each piece of evidence or argument influenced their decision in the final order.

The process following the submission of objections typically involves the judge reviewing the submitted materials in the context of the entire case, including evidence presented during the hearing and the applicable law. If the judge sent out a copy of the order without addressing your objections directly, it may simply mean that the decision was made based on the totality of information available, and your objections did not alter the outcome as you had hoped.

If you believe your objections were significant and should have impacted the guardianship decision, you might consider seeking clarification or pursuing further legal avenues. This could include filing a motion for reconsideration or appealing the decision, depending on the specifics of your situation and the timelines defined by California law. Consulting with a legal professional can provide guidance on the best steps to take to ensure your concerns are adequately addressed within the legal framework.

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