Temporary Guardianship Hearing

Discussion in 'Parent Emeritus' started by DoneDad, Apr 14, 2017.

  1. DoneDad

    DoneDad Active Member

    We had a temporary guardianship hearing for our grandson last week. Basically it wasn't granted because the judge didn't feel it was an emergency situation. We have a permanent guardianship hearing in June. Now I'm worried that the judge is going to say, "well, everything seems to be going OK the way it is, so why do you need guardianship?"

    He lives with us full time and we provide 100% of his support. I'm going to go to the court and sit in on some hearings to see what kind of things they ask. Our lawyer did a really poor job prepping us to the temporary hearing - we just thought it was part of the process, we didn't realize we had to show why it was an emergency situation. If we had, there are things we could have said, but we couldn't come up with them on a moment's notice sitting in a courtroom in front of a judge.
  2. Bart

    Bart So Much Fun-Not!

    We've been through a ton of court stuff for our grandson. So stressful. Hang in there!
  3. wisernow

    wisernow wisernow

    Yes please hang in there. Your grandson needs you to take a hard stance. So sorry for the pain you are going through! Stay strong and focused on what what matters the most. Hugs!
  4. Crayola13

    Crayola13 Active Member

    I didn't think you had to prove it was an emergency. Just proving that someone is an unfit parent over an extended period of time should be enough.
  5. DoneDad

    DoneDad Active Member

    That's what we thought too.
    I think that's what the permanent guardianship hearing in June will be about. The judge (commissioner really) for the temporary guardianship asked us, "why do I have to grant this today? What is the emergency?"

    There are things we could have said, like that the baby daddy is trying to get custody of GS, but I didn't think of them. All I could think of off the top of my head were the medical and school issues, which the commissioner shot down.

    This is in California. I mainly wrote this so others going into a temporary guardianship hearing would know what to expect and not be caught off guard like we were.
  6. pigless in VA

    pigless in VA Well-Known Member

    Do you think you should get a different attorney?
  7. recoveringenabler

    recoveringenabler Well-Known Member Staff Member

    I live in CA. too and I applied for temp. guardianship and permanent guardianship for my granddaughter too. I was told by an attorney that I had to address the "emergency" for temp. guardianship because they only grant temp. guardianship when the child is in danger. She told me to write in the documents all the issues which posed a danger for my granddaughter, she told me to make it as emotional as possible because as she stated, "judges are people too and will be influenced by emotions." I wrote up my own paperwork and included those emotional issues and I was granted temp. guardianship. If your attorney did not know this and did not tell you and did not utilize everything to gain guardianship then you need a new attorney.

    I was granted both temp. and perm. guardianship. At the perm. guardianship hearing, my daughter was present. A Social worker from CPS came to the hearing and talked to the judge on my behalf. Do you have any Social Workers or anyone who could come to the hearing on your behalf or write up something for you?

    It is not easy to take children away from their biological parents, the courts always lean towards the parents so you have to present a case that addresses how the child is NOT going to be SAFE, cared for and healthy with your daughter. And again, make it as emotional a plea as you can. It's a good idea to attend hearings and get the lay of the land, I'm glad you're doing that. Your attorney should be working hard for you, not leaving you out in the cold like you were. I'm sorry that happened. I hope it works out for you to gain guardianship for your grandson. He deserves a healthy, safe good life. Let us know how it goes.
  8. Tanya M

    Tanya M Living with an attitude of gratitude Staff Member

    Hang in there!!

    What a great idea.

    I think @recoveringenabler gave you some really good advice.

    Keeping positive thoughts coming your way!