Salt Lake City, UT asked in Family Law, Child Custody, Child Support and Arbitration / Mediation Law for California

Q: I need help in regards to child custody my in-laws have my children and I'm their mother who still has my parental right

I live in Utah and they live in California, the paternal grandmother has guardianship of them and has never played Fair I need to know how regain my parental rights living in a different state.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Regaining custody of your children is a challenging process, especially across state lines. Since the paternal grandmother has guardianship, you would need to file a petition to terminate the guardianship in California, where your children currently live. The court will prioritize the best interests of the children, so it's essential to demonstrate that your home in Utah is stable and that you can provide a nurturing environment for them.

To begin, gather evidence showing that you are capable of caring for your children, such as proof of stable housing, income, and any steps you've taken to improve your situation, like completing parenting classes or therapy. Additionally, you might need to address any issues the court had concerns about when the guardianship was established.

Consider consulting with a family law attorney in California who can help navigate the legal system there and represent your interests effectively. It's crucial to stay informed and proactive throughout this process, as your actions now will significantly impact the outcome of your custody case.

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