Filing for guardianship?
- Thread starter !overwhelmed!
- Start date
I hope you have an attorney of your own. If not PLEASE find one. This will be the best investment in your granddau as the atty will help you with the rules as well as with expectations and how not to get on the wrong side of CPS. Ask around to see who the best family law attorneys are in your area. You may be able to get a free consultation to see if you like and can work with the lawyer and if the lawyer thinks he can help. If you cannot afford a lawyer, go to legal aid. Also start sending letters and making calls to the family law practice in your area asking to be taken on pro bono.
Your granddau's lawyer is NOT your lawyer, and you should NEVER go into a court as the only one without a lawyer. Your own lawyer is NOT a luxury or a 'want', it is a true 'NEED' in your situation. I really hope that they don't send grandau back to her parents, but CPS does not always make sense and neither does the legal system.
by the way, if you are not already friends with the CPS guy who lives down the street, DO NOT NOT NOT go knock on his door. It can be misunderstood and used against you. You CAN go sit in his office until he can speak to you. just remember that you get more using honey than you do using vinegar! So be nice and polite and charming, but also always determined to fight for what you believe is right.
Your granddau's lawyer is NOT your lawyer, and you should NEVER go into a court as the only one without a lawyer. Your own lawyer is NOT a luxury or a 'want', it is a true 'NEED' in your situation. I really hope that they don't send grandau back to her parents, but CPS does not always make sense and neither does the legal system.
by the way, if you are not already friends with the CPS guy who lives down the street, DO NOT NOT NOT go knock on his door. It can be misunderstood and used against you. You CAN go sit in his office until he can speak to you. just remember that you get more using honey than you do using vinegar! So be nice and polite and charming, but also always determined to fight for what you believe is right.
!overwhelmed!
Member
Thank you susiestar. It may be too late! We go in tomorrow at 1:30. That is "if" they allow us to even be in the courtroom, as we are now nothing more than "caretakers"...I am writing a letter to the judge, with copies if necessary & will be handing it to his assistant before court. I'm hoping to show him that the father has missed 11 out of the 19 scheduled visits! We are not privy to any other information such as drug testing results, counseling, parenting clases. To my knowledge they have at least gone to 1 class, perhaps 2 or 3. If they had shown interest in the visitations I could understand if all else were going well, but to me this is just typical of why she was removed in the first place! God I just pray the judge will read & listen to what I have to say & rule accordingly. Plus the fact they will both be serving some kind of jail time after June 25th! It just seems premature to allow her to go back now...
It seems that the letter to the judge is a good idea and perhaps the only option you have at this point in time. A lot of my own experience with the courts during my own guardianship case, was about how well I could write what was happening and get it to the right person. Make your letter very heartfelt, fill it with facts and with what your fears for the child are. If they missed 11 out of 19 visitations, that is a very good point to put before the court........in addition to the jail time they are about to serve. You might add how well the child is doing, what the child came out of and what is happening how. I emphasized my fear for the child, the neglect, the abuse.........you are the voice for the child now......as I was........my words actually ended up carrying the most weight.........make yours strong.
Good luck. Please let us know how it goes. I'll be praying for you.
Good luck. Please let us know how it goes. I'll be praying for you.
!overwhelmed!
Member
Thank you so much. My friend who used to be one of his court reporters is helping me craft the letter so it comes across as factual & not as a crazy grama who can't let go...it's not like that at all...I can let go, but they haven't done enough to prove anything & the jail time is at hand. It just makes no sense! I'm thinking I really just pissed off CPS & now they just want to get rid of ME! Ugh...God is bigger than CPS & I know He's got this. I'm going to do my best and the rest is on Him. I think He can handle it...but can I?! Please keep us in your prayers...and thank you!
!overwhelmed!
Member
Finally got a hold of the baby's attorney last night. She said her understanding was CPS had not finished the background checks or home visit where my daughter & now "husband" are living, and that she expected them to ask for a continuence. I asked why they would even consider giving her back with everything that has gone on & how they continue to treat visitation. Apparently the state doesn't have any of my paperwork evidence given from the guardianship! And for some reason, the CHP report says the idiot has a driver's license - which he does not it's his CA ID# and their BIG CONCERN is it doesn't state he had been drinking! So that is there big thing, he wasn't drunk when he totaled my daughter's car into a fence, naturally destroying someone's fence! Not the Violence, drug abuse, the felony jail time up coming...nope! So I sent it all (8 emails worth) to the attorney last evening. She said she would read it all, but it's quite a lot. I did finish my letter to the judge & think I will still go ahead & try & get it to him via his assistant "in the window", with copies for everyone of course. But now my husband thinks I should make copies of "all of the evidence" and give it to the state's attorney. Ok, maybe so, but should I make copies for my daughter's attorney & her idiot husband's attorney too? Help guys, I don't know what to do! Court is at 1:30pm today. Like I said, the attorney said last night, it should be nothing more than a continuence, but I just have no faith in any of these people...If anyone is out there, let me know what you think before noon my time! Thanks & I'll keep you posted as to what happens today!
I just saw this loverwhelmed. How did it go today?
!overwhelmed!
Member
Well it was supposed to be continued til June 22nd but "their" attorney wanted to do the actual hearing today! So now for some reason we have to go back on Thursday at 9AM! But the hearing is still set for the 22nd! I think they are going to try & take her on Thursday. CPS apparently recommended to give her back, but the information I gave to the attorney was considered "new" & more time is needed for investigation. But I guess they think it will be done by Thursday? From.what I can tell, CPS is fixated on the drunk driving crash that happened the day this all started. But CHP report says nothing or states "not" drunk, & CPS thinks that lessens their case. I'm trying to point out "his" instability & domestic violence as more of our concern! Ugh...I'm just not sure what's happening now. I want to get my own attorney but we cannot afford it! So we are at the mercy of this court! GOD help us all!!
loverwhelmed, have you called any guardianship attorneys to ask if anyone can take your case pro bono? At least here in No. Ca. certain law firms offer a limited number of pro bono cases. You might also try legal aid in your area. Google www.justia.com, they help with free legal advice.Google guardianship attorney's in your county and read their websites. If it were me, I would call all of them asking where I can get help, give a short synopsis and ask for help. Ask if they take any pro bono cases. Each call will lead you somewhere. I did this kind of thing for months when I was in the thick of it. You might try that org. I told you about, 'Grandparents parenting again' and ask questions, their number is 707-566-8676. Ask for help for your grandchild. As you can see, we can't rely on the system to always do what is right for the child. Call everyone you can think of and keep asking for help. You'll find it.
!overwhelmed!
Member
Ok. Going in at 1:30pm today - about an hour from now. I am filing a JV-285 & 287. I know it is literally last minute but no one would give me the case number, when they finally did get back to me! I had to email/letter the head of DSS for our county to get anyone at CPS to call me back. Even then the response was it's confidential & you are not a party to the case! Ugh! However the executive secretary to the DSS has been "Johnny on the spot" with getting people to respond to me & getting me the case number right at 5pm yesterday! I'm asking for prayers for the judge for wisdom & since there has been no relevant change other than them forgetting visitation & or being significantly late for it! The parents are not ready. Please let the judge see that. They also have to go back to court on the 25th for their felony which the DA has said there will be real jail time. Thanks for listening!
!overwhelmed!
Member
Well status quo. We go back on Monday at 9AM for "I've been told" a trial? No one would talk to us. We waited til the end of business for the "childs" attorney, told the court assistant that we were waiting for her to talk. She used a human shield & left the building. She saw us too! I called her name but nope had to run like a big chicken!! I don't understand. We did run into the county's council outside & they were VERY limited in what they could say other than the Court got our filing & even though we of course don't have to be there they think the judge is expecting us to be there. My husband did get upset, & told them we would never have given up guardianship if we knew this is how it would go. But he apologized for getting mad & we said thanks for at least confirming the time of court etc. So the baby's 1st birthday is Saturday & we'll have a little party & pray all goes well on Monday. We are still scared because the judge told their attorneys to "get those JV-290s filed!" & my daughter seemed pretty happy & pleased with herself when we left. Ugh...we are just like the preverbial mushrooms! Sorry it took so long to respond. We were up all night at the Dr's with my adult teenager & gut spasms! Yay!! She's fine...thank God I didn't have to pay an ER bill to find out she just had gas! Lol. Life is so very odd...thanks for being out there & caring. It's nice to know somebody cares! I'm praying for everyone on this site all the time. I hope eventually all goes well for all of us. We love our kids & that is more than I can say for a lot of folks we see on the news etc...
I'm sorry you continue to go through the system with so little support and so much anxiety......it's such a shame when you are the ones who are trying to keep a child safe. Sending caring thoughts and wishes, and prayers for you on Monday......let us know how it goes.
!overwhelmed!
Member
Thank you so much. It's just nice to know someone out there cares! Will keep you posted!
!overwhelmed!
Member
Well I talked to the attorney I've been talking with online. She said it sounds like the state doesn't think they can make a case for jurisdiction! If we fail, that's it! I will never see my grandchild again! She told me to file a "De facto parent" form & pray I have a good judge who will overlook the early filing. (before jurisdiction) does anyone know an attorney who I can talk to in CA about getting jurisdiction? I feel like the judge really wants to give it to us, but for some reason all the evidence I have given them isn't enough. It's their own words so I don't understand why not. Driving without a license is against the law & not being able to pass a basic test for driving means he doesn't understand the rules / laws of the road. But hey when the law doesn't apply to you...I know it's a minor thing but it seems to me that it is intentionally endangering my grandchild. The picture I have of the 1 inch cut on grandchild ' s forehead days after my daughter came home battered & bruised (she fell - yeah my college scholarship athlete fell). Doesn't that show evidence? The voicemail questioning if he's alone with the baby yelling & cursing at the baby. I can see where they can claim "hearsay" or accident. But my younger daughter sat here & watched my older daughter drink straight crown royal until she was drunk, while "taking care & breast feeding" the baby. Is that accidental? She knew she was 3 months pregnant & drank 3 martinis at the birthday dinner we took both girls to. The multiple restraining orders against him, the felony hearing 6/25/15 where they will do jail time? I have to show "non-accidental" harm done or future risk to the baby. He has 83 sheriffs incidents reports to his home from 2006-2014 & 17 to his gramas home in the same time period (he lived with her off & on). Why can't we use common sense here? Help friends! Anybody know anything about proving jurisdiction? I have to file by 8AM Monday morning because the trial is at 9am. Ugh...please help if you can. Sorry but I'm desperate! Thanks!
tishthedish
Well-Known Member
Loverwhelmed,
I don't have any answers for you as I don't live in CA, but know you are in my prayers. We have our 4 year old grandson sleeping safely in our home as CPS took custody from our son and baby mama two weeks ago. You are doing the best you can. Keep us posted.
I don't have any answers for you as I don't live in CA, but know you are in my prayers. We have our 4 year old grandson sleeping safely in our home as CPS took custody from our son and baby mama two weeks ago. You are doing the best you can. Keep us posted.
!overwhelmed!
Member
Well today is it! Please pray for jurisdiction today. If we don't get it we will never see our granddaughter again! Our court time is at 9AM, CA time, which is less than 1/2 an hour from now. Please pray for the judge's wisdom & clarity that he sees & understands the court DOES HAVE jurisdiction in this case!! We also need disposition for our granddaughter to stay with us through all of this as well. I just filed a "De facto parent" at 8AM when the courthouse opened today. Without jurisdiction, it too would be meaningless...gotta have jurisdiction! Sorry, I'm just wanting to keep our grand baby safe & get our baby the help she needs. Thanks for listening & for any & all prayers! We pray for all of us on this site to help all of our wayward kids! I'll keep you posted....
Praying.
Let us know what happens.
Thinking of you and sending warm wishes and hugs............
Let us know what happens.
Thinking of you and sending warm wishes and hugs............
!overwhelmed!
Member
Thanks, still haven't gone in yet. so worried...I'm not sure the state thinks anything has "risen" to the statute of breaking the law or harming the child! Please pray for the judge to read between the lines & the courage to save our granddaughter & essentially our daughter as well. Thank you all so much!
PatriotsGirl
Well-Known Member
Sending prayers!!!! I was just checking in to see if there was an update... <3
