Is this legal in court?
Question by Questions: Is this legal in court?
If two parties go to court for guardianship of children – the side petitioning being relatives, and the the opposing party being the parents.. if guardianship is awarded to the relatives versus the natural parent and NOT being any violent or drug/substance abuse reasons, is the judge required to document visitation rights to the parents if requested?
My neighbor of several years recently went to court and lost custody of her children because she has social anxiety and is low income. The judge ruled her relatives permanant custody of her two kids. She is absolutely heartbroken and crushed. She could not afford a lawyer and legal aid doesn’t assist custody cases in her area so she struggled trying to represent herself with no help. After the ruling, she asked the judge if she could request visitation rights to feel assured she can still see her kids until she figures out what to do next, and the judge said he will leave it up to the relatives to decide if the mom can have visitation. Is this even legal to blow off her request? Because of being low income and having social anxiety? t’s a small town, and she said the judge was very hasty and hardly let her speak. What can she do from here?
This is in the state of California. Any advice would be great, I’d really like to help point her in the right direction. Thanks.
Best answer:
Answer by trai
“is the judge required to document visitation rights to the parents if requested?” I’m unsure what you mean by this question. However, everything that takes place in court is documented within the court record.
“Is this even legal to blow off her request?” She did not make a request (which would be a motion for visitation). She asked a question, which he did not blow off, but answered with the legally correct response. The legal guardian(s) have care and control of a child by definition.
“Because of being low income and having social anxiety?” It is understandable that your friend feels victimized, and it is kind of you to sympathize. But don’t be suckered. Logic should tell you that people run afoul of the law based on their *actions*, or lack of them (when a duty of care exists), not circumstances.
I have twenty years of personal experience in the family court, and I can tell you the LAST thing it does is remove a child from a bio-parent. If anything, it fails to do so enough.
“t’s a small town, and she said the judge was very hasty and hardly let her speak.” Even a small town judge has a ten hour day and twenty cases on the docket. That’s how budgeting works.
Most of the problem, however, probably lies with the fact that your friend has no legal training and no representation, and, therefore, no understanding of the legal definition of “admissible evidence.”
“What can she do from here?” She can make this her priority in life, and do whatever it takes to both hire an attorney and comply with CPS standards, before her parental rights are terminated.
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