Petition For Temporary Custody

Summary

In California, minors generally cannot transfer pet ownership without parental consent. Guardianship petitions consider factors like neglect and living conditions. Document evidence of neglect, emotional abuse, and differential treatment. Consult a family law attorney for guidance.

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My dad won't let me get rid of my dogs an i want to get rid of them i was going to give them to a family member
Hello, as a minor in California:
- You may not have the legal authority to transfer ownership of your pets.
- Your parents generally have control over your possessions until you turn *.
Can you clarify if your dogs are registered under your name?
No they aren't but he always says he's going to get rid of them
As per California law:
- If pets are not registered under your name, the decision to keep or give them away is up to the legal owner, presumably your parent.
- If threats to get rid of them persist, discuss with an adult you trust or contact local animal rights groups.
Oh ok yeah well I'm actually trying to live with my grandma so i don't know what will happen to them because she's probably going to petition for temporary custody of me
In California:
- Your grandmother can file for guardianship, if it's in your best interest.
- However, your parents can object to this.
- The court will decide based on various factors, including your preference, age, and maturity.
Please consult a family law attorney.
My dad would most likely object but he doesn't really take care of me like he hasn't taken me to the doctors or dentist in years and hasn't taken me to my school in awhile
In California, if a parent is neglecting their child's basic needs such as health and education, it may be considered child neglect. You or your grandmother should:
- Document instances of neglect.
- Consult a family law attorney.
- Possibly report to Child Protective Services.
I have text of my teacher saying "hey how's it going i haven't seen tou in awhile is everything going ok?" And me and my grandma are planning to get my medical records
In California:
- Texts from your teacher and medical records can be evidence of neglect.
- These documents can be used if your grandmother decides to petition for guardianship.
- Consult with a family law attorney about this.
My grandma told me to take a picture of my current environment to show how messy the people in the house are and to show what my room looks like(i have to share a room with my dad at my current house when there is an open room) and she said to take a picture of the room at her house to show its clean and i have my own
In California:
- Photographic evidence can support your case.
- Document the living conditions at both homes.
- Discuss this with a family law attorney for guidance.
Ok she said she has a file cabinet for me to keep everything in like all my papers and print outs of text messages
That's a good step. In California, keeping organized records is crucial in legal matters. Do you have any other questions or concerns about this process?
Yes so i want her to get temporary custody of me while all this is going on because i know my dad is going to be mad when he finds out should we put that in the petition for temporary custody?
In California:
- Yes, your grandmother can mention your preference in the petition for temporary custody.
- Your wishes can be considered as you are above *, but the court will ultimately decide based on your best interest.
- Consult a family law attorney for further guidance.
So I'm actually going back to my grandma's on the 13th i was supposed to go on the 10th but my dad wouldn't let me i told him she was going to take me to the dr for the appointment she made me and he said what's the appointment for and i said just a check up and he threw his hands up in the air and gave this who cares face he said "she can pick you up the day before and drop you off the day after" but if she did that she would just have to pick me up the day after because my birthday party is on the 15th and she has a lot of decorating to do on the 14th that's a lot of gas and going back and forth he doesn't even offer her gas money or anything
In California:
- A minor doesn't have the right to decide where they live until they are *.
- If your father's actions are causing distress or harm, it might be considered neglect.
- You and your grandmother should consult a family law attorney.
I usually only stay for a week
In California, the length of your stay at your grandmother's doesn't directly affect her petition for temporary custody. However, a stable living environment is crucial. Discuss this with a family law attorney.
She told me to take pictures of her house when i go over because the court is probably going to want to see a comparison on whos is cleaner and safer
That's a good approach. In California:
- Evidence of the living conditions can support your case.
- Ensure to capture areas that highlight safety and cleanliness differences.
Do you have any other questions or concerns about your situation?
What is considered bad living conditions?
In California, bad living conditions may include:
- Lack of necessities such as heat, water, or electricity.
- Severe overcrowding or unhygienic conditions.
- Presence of hazards like mold, asbestos or lead paint.
- Structural issues like unstable flooring or ceilings.
- Pest infestation.
Always consult with a legal professional for specific advice.
Qe have some black mold in the shower and the house is usually dirty if i don't clean it and the bed i have to sleep on is about 12 years old and it constantly slides around and the box spring is messed up and i have to share a room with my dad he sleeps when he gets back from work so i have to be quiet or he'll yell at me
In California, black mold, unclean conditions, and inadequate sleeping arrangements could be considered poor living conditions. Your grandmother should include this information in the guardianship petition. Always consult a legal attorney for further advice.
Oh ok thank you yeah at her house there is no mold it's clean all the time and i get my own room
That's good to hear. Remember, in California, these living conditions could support your case. Do you or your grandmother have any further questions or concerns about this process?
No thank you we are just going to look for an attorney when i go back
That sounds like a good plan. Remember, an attorney can provide specific legal advice and guidance tailored to your situation. If you have any more questions in the future, feel free to reach out. Best of luck with everything!
Thanks
You're welcome! If you need any more general legal information in the future, don't hesitate to ask. Stay safe and I wish you all the best with your situation.
Me and my dad live with his parents and they are super judgmental and they put me down a lot I'm not close with them at all and my dad always says they are old so they can't do anything fun with you like your grandma does but whenever my nephews are over they are taking them to the park and taking them out
In California, emotional abuse can be considered a form of neglect. If you feel you're being subjected to emotional abuse, it's important to discuss this with a trusted adult or a counselor. Are there any specific instances of emotional abuse you could share for clarity?
Yes i have text of my dad threatening to hit me and i texted myself something my dad's mom said. "My grandma said as much as I complain about her cooking you would think I would be smaller" my grandma that wants me would never say anything like this
In California:
- Threats of physical harm and derogatory comments can be considered emotional abuse.
- Document all instances of this behavior.
- Share this information with your attorney and possibly Child Protective Services.
Please consult a lawyer for further guidance.
I would call a lawyer but i don't really have any privacy here the walls have no insulation and everyone can hear me when I'm talking i don't want them hearing me talk about this and saying something to my dad and then me getting yelled at by all of them
In California, there are ways to seek legal advice privately. You could:
- Email a lawyer instead of calling.
- Use a friend's phone or public phone.
- Visit the library for a private consultation.
- Use a confidential chat service like ours.
Can you safely access any of these options?
I can't do to much because my dad's mom always says "my house my way" or "my house my rules" and she uses it to control me and my dad she hasn't said anything like that in awhile
In California, control and manipulation can be forms of emotional abuse. If you feel trapped or threatened, it's important to let someone know. Can you safely communicate with a trusted adult, teacher, or counselor about your situation?
Yes
That's good. In California, don't hesitate to reach out to them about your situation. They can provide you with support and guidance. If you feel unsafe, consider contacting Child Protective Services or a local youth shelter.
I have a text i sent to one of my friends about what she was telling me it was "we know tour dads weak spot he doesn't like to argue"
In California:
- If your father's behavior is causing distress, it may be considered emotional abuse.
- Document such instances and share them with your attorney.
- Consult a lawyer or counselor for further assistance.
Another thing is here i can't even shower everyday i have to shower every other day my grandma tells me to shower everyday because it's important to so i shower as much as i can when i go to visit her
In California, denying a child access to basic hygiene could be considered neglect. Are these restrictions due to water shortage or any specific reason? Please explain for better understanding.
Are water runs off of a well
In California:
- If water access is limited due to a well, it may not be neglect.
- But if it's unnecessarily restrictive, impacting your hygiene, it could be considered neglect.
- Document these conditions and consult a family law attorney.
Oh ok because my aunt and my dad can shower everyday because they have work but my dad even told me "you don't need to shower everyday you don't do anything so how can you get dirty" he even said that when we lived in the city
In California, differential treatment could be considered neglect. Do you have any evidence of this treatment, such as texts or emails, that you can share with your attorney?
Yes my grandparents here have favorites and it's very obvious who they are like when my nephew stayed here he got his own room while i had to share one with my dad and that room is there for him when he stays the night
In California, favoritism may not constitute legal neglect unless it results in harm to your wellbeing. However, differential treatment could be relevant in a custody case. Can you provide more examples of this favoritism?
Yeah my grandparents here say i love you to my sisters and my nephews they don't say it to me and when my nephew lived with us they didn't make him clean the house unless his mom told him to so je can get his electronics back but he still didn't clean usually because i did first
In California, differential treatment may be considered if it's causing emotional distress or harm. Are there any other instances or evidence of this behavior that you could share for clarity?
I probably have some on text
In California:
- Text messages could serve as evidence of differential treatment.
- If this behavior is causing distress, it's important to document it.
- Share the information with a trusted adult, counselor, or attorney.
Do you feel safe currently or do you need immediate help?
I feel safe right now
That's good to hear. Remember, in California, you should document all instances of differential treatment and emotional distress. Share these with your attorney when you can. Can you think of anything else you might need help with right now?
It always makes me feel bad and feel like I'm not good enough i always wonder if it's because my sister's are pretty than me or my nephews are cuter than me or if they don't really like me because I'm the only kid my dad is "raising"
I'm sorry to hear that you're feeling this way. It's important to remember that everyone is unique and valuable. In California, if this differential treatment is causing emotional distress, it could be relevant in a custody case. Have you spoken to a trusted adult or counselor about these feelings
No i haven't
It's important to talk about your feelings. In California, a trusted adult, counselor, or therapist can provide emotional support and guidance. Is there someone like this in your life you could speak with
Should i take pictures of the room they have for my nephews? To show there is an extra room i could've had
In California:
- Yes, taking pictures of the extra room could show differential treatment.
- This could be used in your grandmother's petition for temporary custody.
- Discuss this with your family law attorney.
Ok i took them
That's a good step. In California, photographic evidence could be crucial in legal matters. Keep these photos safe and share them with your attorney. Do you have any other questions or concerns about this process?
One of my friends she's * is writing a character reference letter should i make copies of that?
In California:
- Yes, make copies of the character reference letter.
- It can be valuable evidence in the custody case.
- Ensure your attorney gets a copy too.
Is there a limit to character references? And would they have to attend court if they sent one
In California:
- There's generally no limit to the number of character references.
- They don't usually need to attend court unless requested.
- It's always best to consult with your attorney.
Oh ok I'm probably going to have around * character references maybe more if people aren't busy
That's great. In California, multiple character references can strengthen your case. Make sure the people writing them know your situation well. Do you have any other concerns or questions about this process?
Yes so knowing my dad all the things he's going to say to prevent me going with my grandma are all going to be excuses what will the court think of that? And can he use those excuses against me
In California:
- The court will consider all factors in the best interest of the child, not just parental excuses.
- Your father can present his case, but your evidence and character references also matter.
- Always consult your attorney for tailored advice.
I've been told all the evidence and character references can outweigh his positive factors like him taking me out once in awhile and him providing some basic needs
In California:
- The court makes decisions based on the child's best interest.
- While providing basic needs is important, neglect and abuse allegations could outweigh these factors.
- Consult your attorney for specific advice.
I actually talked to my aunt about him taking money out of my what i believe is my savings account and she said he can do that because he is a minor my bank account is technically his
In California:
- Parents can manage a minor's savings account, but they should use it for the minor's benefit.
- If he's misusing your funds, it could be considered financial abuse.
- Discuss this with your attorney.