My 3 YO grandson lived w/me & my 24 YO daughter (mother) until P/T unemployed dad (Past visits only when dads mom babysits) temp SOLE LEGAL & physical after Feb TRO response (granted by same judge) his mom & attorney + their perjured testimony vs my daughter alone/ confused with a friend (Legal Aid said "formality" & no attorney needed) TRO granted on daughters 5 yr account of abuse incl. threatening texts denied in his response. Abusive texting visible in Wizard parental convos, we must drive to him for bimonthly weekend visits, no holidays/phone call. He accused her of withholding visits (TRO period) & he was never abusive. Judge says to child's mother "Lets see how you like not seeing your son" Judge asked nothing of child's homelife, unaware I've cared for grandchild! Best interest of?
Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
I don't enjoy reading grammatically challenged posts but see the crux of the problem. You need a lawyer or C.P.S. involvement. You either need to get consent from both parents to get a guardianship from Probate Court, battle them in Family Court, or avoid them in Juvenile Court with C.P.S. at the helm.
Laurie PetersDivorce / Separation LawyerCamarillo, CA ·
Unfortunately it is not that simple. 3044 is presumption that is not in the child's best interest, not conclusively presumed, but the presumption can be overcome. It would have been better to have consulted an attorney before court hearing. At this point you need to see an attorney right away to determine what to do from her. Grandmother may be able to seek a guardianship, which will trump family court. Make sure to see an attorney who knows the local practice and the judicial officers because there is a lot of discretion in these cases, and it is important to know the local courts.
You are in an unfortunate situation and not likely to prevail. The United States Supreme Court has held that a parent has constitutional rights to their child and the only way to take those rights away is to prove that the parent is unfit. For whatever reason you were not that person.
You really need to start fresh and the first thing you should do is hire a decent lawyer to help you. Without that help you will flounder through a system you do not deal with on a regular basis and, worse, one that you have already lost the initial rounds in court. Do yourself and your grandchild a favor and get strong professional help.
You don't specify what court you are in. There are different procedures for dependency and family law court. IF de facto status was granted in dependency, you can be represented by an attorney. If you cannot afford to hire counsel, the court will appoint one for you.
