Q: Contested guardianship. Can the adoptive “mother” give custody to someone else in order to avoid the trial?
I’m trying to rescue a four year old from the mentally unstable person that manipulated her way I to adopting him. We have an open case and it’s about to go to trial. Can she give custody to another person in order to avoid losing custody in our trial ?? Is that legal or would us having jurisdiction prevent that from happening???
A:
Under California law, a contested guardianship case that is already undergoing legal proceedings cannot be circumvented by the current guardian simply transferring custody to another person. Here are a few key points to consider:
1. Jurisdiction: Once a case is filed and the court has jurisdiction over the matter, the guardian cannot unilaterally make decisions about the child's custody without the court's approval.
2. Best interest of the child: The court's primary concern is the best interest of the child. Any change in custody arrangements must be approved by the court, which will consider various factors to determine what is best for the child's wellbeing.
3. Legal process: If the adoptive mother attempts to transfer custody to another person while the case is ongoing, it would likely be seen as an attempt to circumvent the legal process and the court's authority. This could potentially work against her in the custody proceedings.
4. Temporary orders: During the trial, the court may issue temporary orders regarding custody and visitation to ensure the child's stability and well-being until a final decision is reached.
It is essential to work closely with your attorney to present evidence supporting your case and demonstrating why a change in custody would be in the child's best interest. Your attorney can also help you navigate any attempts by the adoptive mother to circumvent the legal process.
Remember, the court's ultimate goal is to ensure the child's welfare, and any decisions made will be based on that principle.
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