What to do if my mother has guardianship of my nephew and I want to have her removed as Guardian because she is not caring for him properly?

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What to do if my mother has guardianship of my nephew and I want to have her removed as Guardian because she is not caring for him properly?

He needs help she can’t give him. He has set fires to the apartments they live in, she’s hit him and cut him and child services had to get involved. Now he’s locked in juvie because she provoked him into a fight and then had him arrested. He needs to get away from her lying, manipulating and controlling ways so that he can get the help he really needs to be productive in society, before it’s too late. He’s 12 and this is a critical age for young boys. His mother died after he was born; his father is a joke living in another state.

Asked on September 19, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

This is some complicated stuff and you should really consult with a local attorney that deals with minor's issues--like juvenile dependency matters.

Whether or not you have a shot at terminating the current guardianship depends on whether or not this is a Welfare and Institutions Code Juvenile Depenency case or--- of this is a probate guardianship.  If the court has jurisdiction of the child under Welfare and Institutions code 300 (because of abuse or negect), then you have a shot at ending the guardianship  by filing what is commonly known as a "388 petition."

In probate guardianships there is a procedure to terminate the guardianship but under probate code 1601, only the "guardian, a parent, the ward" or an American Indian's tribe have the right to file such a petition.  So, as the Aunt/Uncle of a ward you would have no right to file such a petition.

Go talk to a local lawyer and discuss this in more detail because there might be something I am missing here. 

Best of luck.


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