Filing for guardianship?

2much2recover

Well-Known Member
Having been a legal guardian I think you have plenty to show the judge why you are asking for guardianship just make sure everything is backed with facts as that is what helps the judge make a decision. To the judge, accusations are just that, accusations. It is beyond me with all you do have that DCF hasn't stepped in. You have made a report to them, correct? The judge will definitely want to know you tried to do this through other channels if you believe the child is ( was) in danger! Not reporting is the worst thing you could do if you want to be a guardian as that is a requirement of guardians to report abuse or suspected abuse.
 

BusynMember

Well-Known Member
My phone "bonged" saying mid-west mom had replied to my post, but I can't find anything. Maybe it was an error, just checking. Thanks.
When I first saw the title of the thread, I was thinking you wanted custody of your disturbed adult child and was going to ask some questions because you can't get custody of an adult just because he/she knowingly breaks the law and is a criminal. However, I know nothing about getting custody of our crazed darling's babies. From what you wrote, I certainly hope you do get custody!!!! Jeez!

Anyhow, that's why you got a notification. I answered first, then looked back and realized it wasn't what I thought so I deleted my post.

Will be hoping and praying that your grandbaby is the winner this Tuesday!
 
I have called them 4 times, told them everything. They take my information, the baby & mom information & say they're going to call me back...The never do. I drove there to write up a complaint but by then I had no address. She said get her an address & they'd do something! I can't send them on a wild goose chase looking for them. I hope I did enough. But no one would help. The first few times I didn't have the whole picture, but now I do. Hopefully I have enough. It's all mostly their texting & the landlord & our eyewitness accounts plus a "new" friends text of warning. Basically everything I listed. Just hope & pray it's enough.
 

2much2recover

Well-Known Member
Oh then, yes, you have more than enough, this should be easy for you to get guardianship so try not to worry. Remember, the judge ONLY cares what is in the best interest of the child, which you have proof it is not the parents!
 

BusynMember

Well-Known Member
Prayers on the way. Hope you have some documented proof for your allegations. I remember how picky the judge was about documented proof during my son's custody battle. The texts didn't count (groan), however the fact that the parents were in trouble must be documented somewhere.Witnesses outside of the family are good, at least in custody battles where one parent is accusing the other of neglect/abuse...guess it is sort of the same. A lawyer helps A LOT. A lot of your allegations, which I don't doubt, can not be proven. I sure hope that landlord is going to be there to tell her story. That would be huge. Do you have a lawyer to help you?

If it doesn't go your way, and I pray it does, I would think of hiring a private investigator. No, I'm not kidding. These two have no business trying to raise a child.
 
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Well I have document #s for all of the restraining orders, incident #'s for the 83 & 17 calls for the sheriff to each home, documents for the felony (case#). Like I said it's all in their texts. I do have a private investigator who is helping but I can't afford him, so naturally no $ for an attorney either! I have the sworn affidavit of the landlord who saw him hit her & ear witness to the yelling & screaming. I'm hoping to get the CHP report showing him in the drivers seat with no license or insurance. But that's a maybe...yup, texts are unfortunately the bulk of the drug, alcohol abuse, but they do corroborate the neglect (bathing etc). Who knows! I've just got to do my best & pray it's enough.
 

recoveringenabler

Well-Known Member
Staff member
On the actual guardianship papers, make it extremely obvious that you are looking at a child in danger due to the poor choices of the parents. That you are very, very concerned for the welfare of the child. It sounds to me as if you have enough evidence, you've done your homework. Good job. Are you applying for temporary guardianship and then moving to permanent? As I mentioned before, I am in CA. too, and I went through the process attaining temporary and then permanent guardianship. It's a process, like you I didn't have an attorney, and I was still successful. The judge believed all of my accounts, there was no questioning of me nor was I asked to substantiate anything, all I had were my words, and they ended up being enough.

Let us know how it goes on Thursday. Good luck to you........
 

BusynMember

Well-Known Member
Oh, good. You do have evidence. RE would know more than me.

YOU GO FOR IT!

I sure hope you win. Yes, yes, let us know. We are all cheering!
 
Well the law librarian wrote my guardianship papers. I had a 12 page document to attach but the clerk said they could not file it because of the texts. They said only the judge could put that in because it's public information, & private conversations? I an doing both temporary & permanent. My husband is afraid that because they are probably staying with his grandma the court could say the baby is not in any danger. Although she already is the guardian for her great grandson & her husband is dying so she has a full plate. We will just have to hope & pray what we have is enough. Thanks to everyone for your help.
 
We got our permanent restraining order against both my daughter & her boyfriend today, for 5 years, which I guess is the longest time period given. My friend who was a court reporter for the same judge said she's only seen him give out 3 years, so I guess he at least he believes we feel threatened. Please pray for us tomorrow (Thursday 3/5/2015) @ 9AM. We go in for the temporary guardianship. I'm just so wiped out. When he said 5 years, even though it's what I asked for, it still cut like a knife that I will not have contact with "my" baby for 5 years! Ugh...I so hope we can save my grandchild tomorrow. After that, my daughter & her boyfriend have their felony hearing at 1pm in the same court house, different department. Doubt they'll get anything more than a slap on the wrist. I just wish somehow they would get court ordered rehabilitation. I'll let you guys know how tomorrow goes! Thanks.
 

recoveringenabler

Well-Known Member
Staff member
I'm praying for you loverwhelmed, you and your grand baby......and your daughter too.......I'll be sending you lots of good wishes at 9 tomorrow morning.......please let us know how it goes.........:notalone:
 
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2much2recover

Well-Known Member
Please pray for us tomorrow (Thursday 3/5/2015) @ 9AM. We go in for the temporary guardianship. I'm just so wiped out. When he said 5 years, even though it's what I asked for, it still cut like a knife that I will not have contact with "my" baby for 5 years! Ugh...I so hope we can save my grandchild tomorrow. After that, my daughter & her boyfriend have their felony hearing at 1pm in the same court house, different department. Doubt they'll get anything more than a slap on the wrist.
WOW, I would certainly tell the judge you are seeing this morning that they have a felony hearing this afternoon. Wow, this could make your case for guardianship!
 
He is aware. They "served" us last night at almost 10pm with a 6 page "statement" going back to 2011 (when the met) I know it's states what she "thinks" happened & most all of it is half truths & bald face lies. I was up til 12:30 this morning gathering what evidence I have (more texts) to prove the current lies. The Judge is just going to have to figure out which one of us is telling the truth...it shouldn't be that hard! But I just have no idea what to expect! Please pray for us at 9AM (CA time) I'll let you know what happens later today. Thanks again for such a great community of support.
 
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