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Instructions and Help about Temporary guardianship california

You you the petitioner is the one that has what we call the burden of proof it's your job to convince the judge to do what you want them to do it's not the judges responsibility to figure out what needs to be done and I see so often when parents go into court they're not really sure what they want the judge to do and the judge isn't even sure what they want the judge out to do and so it's very important that you understand it's not the judges responsibility to figure out what you want and then do it it's your job and you have to prove that your child or your loved one needs a guardian with what is called clear and convincing evidence and we've had a great case study on beyond a reasonable doubt I think the Casey Anthony trial that jury did not feel that the case was proven beyond a reasonable doubt that is not as far as we have to go what we have to do is clear and convincing evidence which means I the way I like to put it is anybody has to look at what you're going to show and say yeah that person needs a guardian you know it's that clear I do know that many of the judges will spend a little bit of time trying to develop you know if they don't feel they've reached that point yet they might ask some additional questions to try to see you know which way it's going to gel is again a gel that yes they need it or no I don't know if you want to address some of that this might be getting into generally you it needs to be that a reasonable person would see pretty clearly that you that this person needs help that they able to take care of at I ten I I let everybody present their evidence and if they fail to meet that standard then they lose and but I but you have to be prepared for a judge who isn't always so patient because they've got fifteen other cases to hear that day and you've got to get your point across pretty clearly and pretty efficiently because there are times where if you've been talking for half an hour and you haven't gotten to the point yet the judge is going to be like I clearly you don't have anything that's going to convince me so I'm going to move along and if we could save questions for later one thing as parents of special needs individuals we all look at the positive sides we always want to focus on what they can do the 15 minutes you're in court you got to focus on the things they can't do because the judge cannot rule based on what they can do the judge has to rule on what they're able to do so for that 15 minutes you're.

FAQ

How can I grant the temporary guardianship of my child to a family member?
If you can afford it I suggest hiring a family law attorney. If not, you need to do some research on how to write a guardianship document. You want to include control over health, the ability to obtain health insurance, monthly payment from bio parent to guardian if any.The library has good books on how to do this and how to bring it to court. I would trust this method over an online source.
How long does it take to fill out University of California TAG?
It should not take more than an hour. I strongly suggest you complete it with a college counselor so you are taking the correct courses.The TAG agreement is a wonderful partnership between CA community colleges and the UC system, so take advantage of this service.
How do you apply for guardianship?
Don't panic. This sounds to me like a simple miscommunication.What your parents are describing is leaving you as guardian of your siblings in their Will. Your guardianship kicks in only if both of your parents are deceased‡ and probably only of your siblings that are still minors at the time of your parents ‡ death.So clearly something fairly traumatic and catastrophic would have to happen for both of your parents to die before your youngest sibling is 18.I make these kind of wills fairly often, and it's not uncommon. And you never ever make just one Guardian.So I'm going to speculate that your parents‡ Will says something like: “in the event that Guardian A is unwilling or unable to fulfill his role as guardian of the minor children, then we appoint Guardian B.. “ - - then Guardian C, and so forth.Notice the “unwilling” part. You can bow out of the responsibility and hand the reigns over to the Guardian who is next in line.I'm also going to speculate that your parents don't actually expect you to raise your five siblings at your young age. Guardians and Trustees appointed in a Will/ Trust make things a lot easier than having the estate go through intestate probate.You may merely have been appointed as a sort of place card holder. As in : we know he won't raise the kids himself, but he'll be in a good position to decide who should - - and it’s better than having our money drained through court procedures.Hope that makes you feel better!
What do I need to get temporary guardianship of my granddaughter?
Hire an attorney. You will need one. I can’t stress enough this fact. You will not be credible to the judge if you don’t have an attorney. Expect to pay several thousand dollars up front before you ever go to court.My daughter got arrested and was in jail for a few hours. My husband went to the court clerk’s office window and said “I’d like to file this paperwork to request guardianship of my two grand kids, their mom is in jail and the fathers are not in their lives”. The clerk took the paperwork back to the judge and the judge came out, told us he would sign the temporary order but we had to hire an attorney. That we’d be thrown out of court without one. He said “get an attorney” probably 4 times while he was talking to us.My husband had researched guardianship in our state and found some templates for guardianship. He’d written his own document. It worked for the moment but the judge could have looked at it, seen grandparents without representation, and said no.When my daughter got out of jail, bonded out, later that day she came to get her kids. We showed her the signed guardianship papers and the crap hit the fan.I will say here, the ONLY way we were able to take this to court was because she was ABSENT. Legally absent. Meaning she was in jail, couldn’t just walk out and come get her kids. She was an absent parent.Absent parent does NOT mean they just don’t show up, it means they CAN’T show up, as in IN JAIL/PRISON, OUT OF THE COUNTRY, not able to be present. Not a choice to not be there, they can’t be there.You can’t just take someone’s kids from them. There has to be legal action against them, such as they’re in jail pending charges or a court action, or the state has taken the kids and asked you if you’d like to kinship foster them, or they’re in a hospital or something.Guardianship is temporary. If the parents are not doing anything illegal then you have no rights to take them away. LEGAL charges.You can’t take someone else’s kids away from them because you don’t like what they feed their kids, what time they put them to bed, what they let them wear to school, if they leave them here and there while they go party with their friends, if you think they’re doing drugs, you can’t just go say “hey, my son/daughter is doing drugs and I want guardianship of my grand kids”. You have to have legal proof.It all rests on you to prove it too.Best thing you can do is call the state hotline for abuse and neglect and tell them what you know. They will come in and do an investigation. If they feel the kids are at risk or in danger they’ll remove them, if you are prepared for the kids they might ask you to foster them. BUT the state will be their legal guardians and they can come in and move them elsewhere any time they fell like it.The best thing for your grand kids is to foster a relationship with their parent where the parent feels safe leaving the kids with you over an extended time period. I’d have my grand kids 90% of the time. They had their own bedrooms in my house. I had shelves of kid movies and toys and closets full of clothes for them. They weren’t overtly “their” rooms because that’s threatening to the parent. But they had toys, clothing, and more at my house that stayed primarily at my house. We also had car seats in our vehicle that stayed in our vehicle. So if we needed to give them a ride we didn’t have to take the ones out of mom’s car.Getting your grand kids away from their parents isn’t easy. Just because you have different opinions on what they should or shouldn’t do doesn’t mean the kids will ever come to live with you. So find ways to get the kids to come spend time at your home, you can show them love and caring in your own way, you can be a great influence to them.But you won’t ever win if there isn’t legal cause to take those kids. If the parents are there and not in any legal trouble at all then it’s unlikely you will have just cause to file paperwork for guardianship and if that legal cause goes away the kids go back home. All the parent has to do is walk in the courthouse and say “I’d like to terminate the guardianship order, I have no legal actions against me pending and I want my children home”. The court cannot just take kids away from parents without any legal reason. The parent can always go to the court and ask for it to be revoked. If they are not in legal trouble and are working and have a home of some sort the court can’t take their kids away and keep them away.
How do I sell my car in California? What do I need to have filled out in the pink slip?
If the pink slip is in the seller’s name, the seller needs only:Release interest (sign and date line 1a). If there are two registered owners separated by the word AND, then you’ll need line 1b as well.Complete the odometer disclosure (reading, sign and date as seller). If the car is more than 10 years old, this portion is not required.Tear off the Notice of Transfer and Release of Liability. Collect the buyer’s information using this form. You could mail it in, but I recommend filing online instead.There’s no need for the seller to do anything else to the title. The back is for the buyer to worry about.If you have adequate time to prepare in advance, I recommend visiting DMV (or an auto club) to obtain two original watermarked REG 262 forms. These are transfer forms with signature lines for both buyer and seller. Complete and sign two originals, crossing out the power of attorney section. Each party keeps a fully executed original.If you can’t get hold of REG 262, you can download REG 135 instead, but these do not have signature lines for the buyer. Less than ideal, but better than nothing. Leave the DL number blank though. You don’t need to share that information.
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