are there any grandparents raiseing there g-kids? i have full permanent guardianship over my granddaughter in california but the people wont send her back,does any one know family law?i was told i could just go get her but im afraid if something goes wrong i have know where to stay and cant afford a motel.any advice?
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Jodi - posted on 11/16/2012
I'm a little confused. What do you mean by "the people"? Who are "the people"? How old is the child? Do you have documents proving your legal guardianship, and if you do, you should be able to go to the police and have them help you, depending on who these people are......your post is very vague.
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Teresa - posted on 11/18/2012
im so sorry, when im stressed i just say what i think my mind is saying ! hahahah!
this is the story,my daughter signed a power of attorney to be able to take care of my 5,8,10,12 yr. old grandkids who i have helped raise since birth.this was march,2012,aug,2012 i filed permanent custody guardianship and went to court and won on nov 9th.i had a small stroke in sept. and asked if the paternal grandparents in california could watch her a couple more weeks.all of us grand parents started out as friends,let me back up and say my 8 yr old granddaughter had never met the cali grandparents so it was my idea to be nice and let her visit.i live and my granddaughter lives in arkansas.when i got my perm cust-guardianship papers i thought i should file them in the california court of Modesto ,was told by 2 lawyers that i had a court order to go and pick up my granddaughter.well california grand-ma filed for temp-guardian in oct.i filed perm-guard in aug and won nov.9th.back to modesto court.i was referred to a court investagator who took it before a judge who now wants to decide who gets custody now im panicked cause i thought it was over.now the cali-grandma has changed her phone number and has cut all contact off from my g-baby.my daughter,who has sole custody mother over my granddaughter pressed kidnapping charges and still nothing.i have no money for a lawyer and have been doing all the filing on my own.the judge said i did everything right.so i was looking for anyone who has been through the same.thank you teresa
Denikka - posted on 11/16/2012
Guardianship is very different than custody. Unless you have papers saying that you have custody of your grandchild, you can't just go an get her. The person who has custody of her (usually a parent) is fully within their rights to have her.
Guardianship just means that you get a sat in what happens to her. She can't be moved out of the area without your permission, you can have a legal say in medical procedures, etc. Talk to a lawyer and find out exactly what your legal rights are in regards to what you have on paper for your grand daughter. That will let you know what next step to take. If it turns out that you do have fully custody of her, along with guardianship, and the people who have her (her parent??) are refusing to return her to you, especially from out of state, you can file kidnapping charges (your best bet I would think-double check with the lawyer) and go through legal avenues to have her returned to your care.
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