Emergency Guardianship Court Process

Summary

If you were not properly served, you might challenge the process, but attending the court date is crucial to protect your rights. A no-contact order typically does not prevent court attendance. The court may review guardianship petitions, hear evidence, and decide on emergency guardianship. Drug tests may be ordered if substance use is questioned, and you can request the court to test the petitioner as well. Failing a drug test could impact custody decisions, but you can argue the petitioner’s unfitness due to drug use or criminal charges. To file a motion, draft a document explaining your request, include case details, and submit it to the court clerk before the hearing.

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A emergency guardship was filled by my mother who is a felon with drug charges and recently got a interfering with custody felony charge for taking my kid with out me knowing but she filled for emergency guardship i have not signed any papers they were supposed to serve me with but it says a Court date on there does that mean i have to be there because i never got served with papers nor signed any
If you were not properly served, you might have grounds to challenge the process, but it's still a good idea to attend the court date. If you don't show up, the court could proceed without you and potentially grant the guardianship. You can raise the issue of improper service at the hearing.
My mother has a no contact order on me though and she will be there i would be violating the no contact order
Attending court for a guardianship hearing typically does not violate a no-contact order, as court proceedings are legal obligations. You can inform the court about the no-contact order before the hearing. If you're concerned, you can ask the court clerk or your attorney for clarification or request accommodations.
What will they do at this court date
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At the court date for an emergency guardianship, the judge will:
- Review the petition for guardianship.
- Hear evidence or testimony from the petitioner (your mother).
- Allow you to present your side, if you attend.
- Decide whether to grant or deny the emergency guardianship.
Attending is important to protect your rights.
Will they make me take a drug test
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The court can order a drug test if it believes substance use might impact your ability to care for your child. It isn't automatic but could happen if your mother raises concerns about drug use.
Will i have to take it that then or will they schedule to have one done and how can i file for my mother to have to take a drug screen in court tomorrow as well
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The court will decide if a drug test is necessary and may schedule it later. To ask the court to order a drug test for your mother, you can file a written motion before the hearing or verbally request it during the hearing.
If i have to take one at court tomorrow and dont pass what will happen because my mother wont pass a drug test either as well as she has a pending kidnapping felony charge from when she took my kid couple weeks ago
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If you fail a drug test, the court may see it as evidence affecting your ability to care for your child, which could impact custody decisions. You can argue your mother’s drug use and criminal charges make her unfit as well. It’s crucial to present these points to protect your rights.
Can i refuse to do a trust until she has to as well or schedule for a different day
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You generally cannot refuse a court-ordered drug test, but you can request that the court also require your mother to take one. You can raise this request during the hearing or file a motion beforehand. The court decides the scheduling and fairness of such requests.
How do i file a motion before hand
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To file a motion before the hearing:
- Write a document titled "Motion to [Your Request]" (e.g., Motion for Drug Testing of Petitioner).
- Explain what you're requesting and why.
- Include your case details (case number, court name, etc.).
- File it with the court clerk before the hearing.
Would you like help drafting the motion?