Grandmother Guardianship Legal Steps

Summary

A minor in California cannot choose their guardian, but a grandmother can file for legal guardianship. This involves filing a petition in court, notifying interested parties, and attending a hearing. Evidence of neglect, physical threats, and financial misuse by the parent can strengthen the case. The court will decide based on the minors best interest. Statements from family members supporting the minors well-being with the grandmother can also be beneficial.

Full Conversation

Im * sorry
Hello! In California, a minor can't choose who they live with. However, your grandmother can file for legal guardianship. This process includes filing a petition in court and attending a hearing. It's recommended to have legal help for this process.
Yes that is what we were trying to do
I see, it's a good start. Your grandma can initiate the process by filing a Petition for Guardianship (form GC-*) in Merced County Superior Court. It's recommended to have a lawyer or legal advisor to help with this process as it can be complex.
So i have a question
Of course, feel free to ask your question. I'm here to provide guidance on your legal concerns.
So i have to share a room with my dad and he watches game of thrones which i can't watch because the nudity and inappropriate stuff and I'll have to sit in the living room most of the day and he gets mad when i come back in the room can i mention that in the court?
Yes, you can mention it. It's essential to describe your living situation in court. This information can help in making decisions about your well-being. Always remember to be honest and clear in your statements.
Can i ask for my medical records to prove my dad hasn't taken me in years? My grandma had to make me an appointment because i told her i haven't been to the doctors in years
Yes, medical records can be used as evidence. In California, minors can request their medical records. You may need a parent or guardian's help to get them, but your grandma can assist you in this case.
Is there anything my dad can say to keep my grandma from getting custody of me?
Yes, your father can object to the guardianship. He could argue that he's capable of caring for you and that living with him is in your best interest. Ultimately, the court decides based on your welfare and best interests.
So i have proof of my dad threatening to hit me and proof of him not taking me to the doctors or dentist can that help determine where i stay?
Yes, evidence of physical threats and neglect can influence the court's decision. It's crucial to save any proof you have, like text messages or emails. However, it's also essential to report any immediate threats to your safety to the local authorities.
I also have proof of him spending my money in my bank account for personal use can i use that too
Absolutely, misuse of your funds can be considered financial abuse. This is also a factor that the court can consider in guardianship cases. Can you tell me more about how you obtained this proof?
Is there anything my dad can say against my grandma that can prevent me from living with her?
Yes, your father could argue that your grandmother is unfit to provide proper care or that living with her is not in your best interest. However, the court will consider all evidence and circumstances to determine what is best for your welfare.
What can me and my grandma say against my dad so i can stay with my grandma?
You and your grandma can present evidence of your father's unfit parenting, including:
- Proof of physical threats or signs of neglect
- Evidence of financial misuse
- Information about your living conditions
- Your medical records showing lack of proper care.
Remember, honesty and clarity are key in presenting your case.
So that will be good proof do you think that's enough proof?
Yes, the proof you mentioned can be quite strong in a guardianship case. However, the final decision will be based on the judge's evaluation of what is in your best interest. A lawyer or legal advisor can help you present your case effectively.
Yes because he has hit my in the past with a belt or his hand and has left marks i don't know if i should mention those because they were in the past and i don't have pictures of the marks
Yes, you should definitely mention any instances of physical abuse, even if they occurred in the past. It's vital to share any information that can help the court understand your situation better. Do you have anyone who may have seen these incidents or can support your claim?
He also gets angry easily i try not to make him mad because he'll yell at me when he gets mad he yells and cusses and he gets road rage where he'll yell and flip people off
Your safety is paramount. If you feel threatened, it's essential to report these incidents to the authorities. This behavior can show the court your father's temperament. Do you have any proof of these incidents, like audio recordings or witnesses?
No i was trying to record him getting angry I'm pretty sure my grandma has seen him get angry before
That's helpful. Your grandma can provide a statement to support your claim. In California, it's legal to record conversations where all parties consent. Since you're a minor, we advise discussing this with a legal expert before proceeding. How often do these incidents occur?
Is it ok if i take pictures of our conversation so i can show my grandma when i go see her again?
Absolutely, you're welcome to take pictures of our conversation to share with your grandma. It's important that she's informed about this process.
Thank you
You're very welcome! Don't hesitate to reach out if you have more questions in the future. Remember, your safety is important. If you're in immediate danger, please contact local authorities. Good luck with your situation.
So if my grandma ask for temporary custody so i can stay with her until this is all over because I'm scared my dad might yell at me will i need my dad's permission? Or will the court just let me stay with my grandma so I'm not scared?
In California, your grandma can request temporary guardianship without your dad's permission, but he will be notified and can contest it. The court will decide based on your best interest. If you're in immediate danger, call local authorities or Child Protective Services.
So my dad says i just want to live with my grandma because she spoils me and he doesn't like that i have an attitude when i come back because I'm sad i have to leave can he use thag against us?
Your father may express his opinions, but the court's decision will be based on your best interest, safety, and welfare. Can you tell me more about how he perceives your grandma's influence on your behavior?
He thinks she spoils me a lot and he thinks she'll let me do whatever i want and "slak" but she won't she gets on me about school and being lazy
It's important to demonstrate that your grandmother is interested in your overall well-being, not just indulging you. Can you provide examples of how she has influenced your personal growth, like improving your school performance or teaching responsibility?
Yes she has helped me be more confident and she has helped me with my emotional health she teaches me a lot of responsibilities she teaches me stuff about life and cleaning she would take me to school and pick me up when i was in merced she ask if i do my homework when I'm over there i don't really ask her for help with my homework but i know she would help me if i asked
That's great to hear. Your grandma seems to provide a supportive environment. This information can be useful when making your case in court. Can you tell me more about how your life has improved since staying with your grandma? For example, improvements in your school performance, emotional well-being, etc.
Yes so i used to get really bad social anxiety and i used to be afraid to talk to people about my feelings but she has helped me to become more confident and taught me how to love myself she has also helped teach me street smarts because i never knew any she always is showing me how to stay safe
It's wonderful that your grandma has been such a positive influence on you. This information can help the court understand why you wish to live with her. Do you have anyone else who can vouch for these positive changes in you since you started spending time with your grandma?
Yes my Aunts
That's excellent. Your aunts can provide additional support for your case. They could potentially be asked to give statements or testify. Can you tell me more about their relationship with you and your grandmother, and how they've witnessed your progress?
And some of my cousins a lot of people on her side of the family said I've changed a lot since i started going over more
That's fantastic. The more people who can attest to the positive changes in you, the stronger your case will be. Can they provide specific examples of how you've changed since spending more time with your grandma?