Guardianship Objection Legal Strategy

Summary

In California, parents generally have the first right to custody over grandparents unless found unfit. You have the right to object if you were not notified of the guardianship hearing. Your existing visitation order and the contempt filing could support your objection. You can request a case transfer at the objection hearing, emphasizing your existing involvement and the childs best interests. Consider consulting with a family law attorney to ensure all procedural requirements are met and to prepare a strong opening statement focusing on your parental rights, lack of notification, and capability to care for your child.

Full Conversation

the maternal grandmother of my child is filing for guardian and I will be objecting
Hi Jacob! To better assist you, could you please share if there are any specific reasons the maternal grandmother is filing for guardianship and any reasons you might have for objecting? This information will help in understanding the situation more clearly.
grandmother is filing because the mother is not able to and I am objecting because I was not notified of the guardianship hearing and I have currently filed contempt on mother. I also have child abduction helping me and the maternal is well aware of my visitation order I filed in * because she was ordered to supervise the visits in the beginning
Hey Jacob, here are a few things to consider regarding your situation:
- In California, parents generally have the first right to custody over grandparents unless found unfit.
- You have the right to object if you were not notified of the guardianship hearing.
- Your existing visitation order and the contempt filing could support your objection.
Have you consulted with a family law attorney to ensure all procedural requirements are met?
what does the judge want to hear as opening statement to object
Jacob, when making your opening statement to object, be clear, concise, and focus on key points:
- Emphasize your parental rights and existing visitation order.
- Mention lack of notification for the guardianship hearing.
- Highlight your contempt filing and involvement of child abduction services.
- Stress your capability and willingness to care for your child.
Have you prepared any supporting documents to present in court?
I first filed this case in the county I live in but the guardianship was filed in a different county, where my daughter now resides
Case Rating: *.
Jacob, since the guardianship was filed in a different county, you may need to address jurisdictional issues. Here are a few points to consider:
- File a motion to transfer the guardianship case to your county if appropriate.
- Highlight your existing involvement and the child's best interests.

Have you prepared a motion to transfer or consulted with an attorney about this jurisdiction matter?
can I ask for case transfer at objection hearing
Yes, you can request a case transfer at the objection hearing. Make sure to:
- Clearly state why your current county is more appropriate.
- Emphasize your existing involvement and the child's best interests.
- Provide any supporting documents.
Have you consulted an attorney to ensure your motion to transfer is properly prepared?
can you help with a practice mock trial, your the judge
Sure, I can help with a practice mock trial. Let's get started:
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Judge: Good morning. We are here today to address the petition for guardianship filed by the maternal grandmother and the objection filed by the father, Jacob. Jacob, please present your opening statement.
Jacob: Your Honor, I am objecting to the guardianship petition for the following reasons:
- As the biological father, I have a legal right to custody of my child, and I have an existing visitation order filed in *.
- I was not notified of the guardianship hearing, which is a procedural oversight.
- I have filed a contempt motion against the mother, and child abduction services are assisting me.
- The maternal grandmother was initially ordered to supervise my visits, indicating her awareness of my involvement.
- Additionally, I am requesting a case transfer to the county where I reside, as it is in the best interest of my child and aligns with my existing involvement.
Judge: Thank you, Jacob. Do you have any documents to support your objection and request for case transfer?
Jacob: Yes, Your Honor. I have the visitation order, the contempt filing, and evidence of my involvement with child abduction services.
Judge:Please provide these documents to the court for review.
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Now, the maternal grandmother would typically respond, and the judge would ask further questions based on the provided information. Do you have any specific scenarios or additional details you want to practice?
what are the questions judge might ask after my opening statement?
After your opening statement, the judge might ask questions such as:
- Can you provide more details about your current relationship and involvement with your child?
- Why do you believe the current county is more appropriate for the case?
- How often have you exercised your visitation rights since the * order?
- What is the status of the contempt motion against the mother?
- Can you elaborate on your involvement with child abduction services?
Do you need help preparing for any specific questions?
to the maternal grandmother
Hey Jacob, here are some potential questions the judge might ask the maternal grandmother after your statement:
- What are your reasons for believing the child should be in your guardianship?
- How often have you been involved in the child’s care and life?
- Were you aware of the father's visitation rights and his involvement?
- Why was the father not notified of the guardianship hearing?
Would you like to practice responding to any specific questions?
what might the judge say or ask to the maternal grandmother after my opening statement and evidence to support?
The judge might ask the maternal grandmother questions such as:
- What are your reasons for seeking guardianship?
- How involved have you been in the child's life and care?
- Were you aware of the father's visitation rights and involvement?
- Why was the father not notified of the guardianship hearing?
- What are your thoughts on the father's request for a case transfer?
Would you like to practice any specific responses?
she might state that the mother is not around or unfit at the moment, shes iss involved with everything for child. what if she says she did not know about the visitation order or fathers whereabouts?
Hey Jacob, you could highlight these points to counter the grandmother's claims:
- Emphasize the court-ordered visitation in * and her role as supervisor.
- Mention any attempts you've made to stay involved.
- Present evidence of your current involvement and the contempt filing.
Is there any specific evidence you plan to present?
make me an opening statement of what my rights, family code law or regulations being violated
Sure, here's an opening statement for you:
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Your Honor,
I am objecting to the guardianship petition for the following reasons:
- As the biological father, I have a legal right to custody of my child under California Family Code §* and §*.
- I was not notified of the guardianship hearing, which violates my due process rights under California law.
- I have an existing visitation order filed in *, which the maternal grandmother was aware of as she was initially ordered to supervise my visits.
- I have filed a contempt motion against the mother, and child abduction services are assisting me.
- I am fully capable and willing to care for my child, and it is in the child's best interest to remain in my care.
- I am requesting a case transfer to my county as it aligns with my existing involvement and the child's best interest.
Thank you.
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Would you need help with anything else?