Legal Grounds For Guardianship

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I will and i was wondering what is considered witnessing domestic violence?
In California, witnessing domestic violence may include:
- Seeing physical harm (hitting, slapping)
- Hearing threats or violent arguments
- Observing the aftermath (bruises, broken items)
- Noticing fear or distress in the victim
Always contact authorities if you witness such incidents.
I will i haven't witnessed anything like that in years about *
It seems like you're concerned about a situation you encountered 10 years ago. Could you provide more details about the incident? This would help me give you more accurate legal information.
Yes i was a toddler ans i remember my mom and dad yelling at each other and i remember seeing my dad shove my mom against a dresser and my grandma had to come pick me and my mom up
I'm really sorry to hear that you had to go through such a traumatic experience. If you feel that this past event is affecting you, you might find it helpful to speak to a professional counselor or therapist. They can provide support and help you find ways to cope.
It didn't affect me to much it just scared me at the time my grandma remembers what happened she didn't witness it but my mom was telling her about it
I understand that it was a scary experience for you. In California, witnessing such incidents can be considered as a form of child abuse. You may consider counseling to help process this event, even if it was long ago.
Well I'm trying to live with my grandma and dhe already agreed to it she said she'll mention this in court i was just wondering if it would be relevant
Yes, it could be relevant. In California, courts consider the best interests of the child, which might include any history of abuse. Your grandma's testimony may support your wish to live with her.
I remember a couple of times my dad hit me too should i mention those?
Yes, it's important to share all relevant information. In California, physical abuse is taken seriously. If the court is aware, they can make decisions that prioritize your safety and well-being.
Can past violence and abuse help my grandma get an ex parte?
Yes, if your grandmother is seeking an ex parte order in California, past incidents of violence or abuse can be relevant. Evidence of such incidents can strengthen her case. It's important she consults with a legal professional to guide her through the process.
Unfortunately i don't have any picture evidence of those incidents but i have text of my dad saying he's going to hit me
Text messages can be considered evidence. In California, threats of physical violence can be used in court. You should save these messages and share them with your grandma's legal professional to include in the ex parte application.
Can my grandma get an ex parte for emotional abuse too?
Yes, emotional abuse can also be considered for an ex parte order in California. It includes verbal threats, controlling behavior, and habitual ridicule. All these could be used as evidence to support your grandmother's application.
I don't know if this counts but my dad says that he's going to take me away from my grandma and her family he even told my grandma " i don't want to have to take her away from you"
In California, threatening to remove you against your will could be seen as emotional abuse. These statements could be presented in court as part of the ex parte application. It's important to share this information with your grandma's legal advisor.
Will there be a trial for the ex parte?
In California, an ex parte order is usually temporary and could lead to a full court hearing where both parties can present their case. It's best to consult a legal professional for more detailed information.
Well my grandma was going to submit an ex parte and a guardianship petition at the same time
That sounds like a good plan. In California, filing both at the same time can help expedite the process. Can you tell me if your grandmother has consulted a legal professional to assist her with these filings?
No she hasn't yet she is waiting for me to go back in * weeks so we can print out all the evidence and get my medical records to prove medical neglect
That's a prudent step. In California, having a medical record as evidence of neglect can strengthen your case. A legal professional can guide you through the process of presenting your evidence effectively.
I have the medical records and pictures from a couple of weeks ago when a medical issue was ignored my throat was hurting so bad i had trouble drinking water and i almost cried while drinking water i told my dad that and my symptoms and i showed him a picture of my throat with something clearly being wrong with it and he showes his mom who we live with and they both said that looks like tonsillitis and she gave me some of her old prescription medicine which i was scared to take i only took * though
That sounds concerning. In California, ignoring a child's medical needs can be considered neglect. This evidence could be beneficial in your case. Have you shown these records and pictures to any legal professional for advice?
No not yet but i have a picture of my throat and a picture of the pill bottle clearly showing her name on it
I'm sorry to hear about your situation. In California, giving a child prescription medication without a doctor's approval can be considered neglect. Please share these pictures with a legal professional. They can guide you on the best course of action.
Ok thanks i told my grandma and she got mad about him not taking me to the doctors especially since my throat was hurting so bad i also heard its illegal to give someone prescription medicine
Yes, you're correct. In California, it's illegal to share prescription medicine. It's considered a crime under the state's drug laws. You should share this information with a legal professional too. Have you spoken to any about your situation?
No not yet just this chat
I recommend you and your grandma consult a legal professional soon. They can provide guidance on how to present your evidence in court. Do you need help finding a legal professional in your area?
I heard with all the allegations i have against my dad and the evidence i can even get a restraining order against him
Yes, it's possible. In California, you can file a restraining order if you are a minor experiencing abuse. Consult with a legal professional to guide you through the process. Save all evidence, like abusive texts, to support your case.
Ok i will would you like to hear all the allegations i have against my dad?
Absolutely, you may share the allegations you have against your dad. This will help me provide you with more accurate general legal information.
Medical neglect,educational neglect,financial abuse,physical abuse,emotional abuse,unsanitary living conditions,inappropriate living arrangements and witnessing past domestic violence
That's a lot to deal with and I'm sorry you're going through this. In California, all these allegations are serious and could be grounds for a protective order or change of guardianship. Have you documented instances of all these types of abuse?
So i don't have any pictures of the marks he left on me from hitting me but i think i can still tell the court about it and me seeing him hit my mom my grandma can also testify for that but everything else i have proof of
That's understandable. In California, even without pictures, your testimony and your grandma's can be crucial evidence. It's important to share all facts and evidence with a legal professional. They can guide you on how to present it in court effectively.
Ok should i print out everything?
Yes, it's a good idea to print out all evidence you have. In California, this can include medical records, text messages, and any other documents that support your allegations. Present these to your legal professional for guidance.
Can i send them digitally and on paper?
Yes, you can. In California, both digital and paper evidence are generally accepted. However, the specific requirements may vary depending on the court or legal professional. Always consult with your legal professional to ensure you're following the correct procedures.
Will the judge want to talk with me during the trial? I heard they also usually have someone talk to minors before the trial
In California, it is common for judges to speak directly with minors during certain proceedings. Additionally, a court-appointed advocate or a social worker may speak with you prior to the trial to understand your perspective better.
Can my grandma request a home inspection on the petition or will that have to be at the trial?
In California, your grandmother can request a home inspection as part of the guardianship petition process. However, the court will decide whether it is necessary. It's advisable to consult a legal professional for specific guidance.
Should i take pictures of my grandma's house to show its more safer and I'll have my own room?
Yes, you can. In California, pictures showing a safe, clean, and child-friendly living environment can be helpful. This can show the court that moving in with your grandma would be in your best interest. Keep these pictures safe.
I will she stold me to take pictures of where i sleep at this house and her house i have to share a room with my dad at this house
In California, a child's living conditions are considered in custody cases. Documenting your current living arrangement can help. Does your dad's home have other issues besides sharing a room that could affect your well-being?
They have what im pretty sure is black mold in the shower
In California, unsanitary living conditions like black mold can be considered neglectful. Document the state of the bathroom with pictures and inform your grandma. The presence of mold could strengthen your case for a safer living environment.
Yes i told her i think it messes with my allergies
That sounds concerning. In California, a child's health being negatively affected by living conditions is taken seriously. Have you seen a doctor about your allergies and discussed the potential cause? This could further support your case.
No my dad said he was thinking about making me an appointment months ago but he still hasn't he did this with my therapy too my grandma told me that she'll take me to the doctors she was supposed to but my dad pretth much didn't let me go because he hasn't taken me in years
I'm sorry to hear that. In California, withholding necessary medical care from a minor can be considered neglect. If you're feeling unwell, it's important to seek medical attention. Discuss this with your grandma and her legal professional.
She was going to take me for a check up because i told her i haven't been to the drs in years and she mad an appointment for me but we had to cancle because it would've been to mjch gas because she would've had to pick me up I'll tell tou the full story when my dad falls back asleep
I understand this is a difficult situation for you. For your safety, it might be best to continue this conversation when you feel it's safe. Can we resume this chat later? Your well-being is our primary concern.
Ok so basically my grandma was going to pick me up on the 10th because my dr appointment was on the 11th and my birthday party is on the 15th i told my dad is that ok and he said no you aren't going to do that bs where you stay for * weeks anymore because you need to take care of your dogs and i told him but i have a dr appointment on the 11th and he said she can drop tou off the day after on the 12th and he asked what's the appointment even for and i said just a check up and he threw his hands up in the air and gave this weird look on his face and said she can drop you off the day after i told her to cancel because she was just going to have to pick me up on the 13th anyways because the 14th she would've been busy decorating and getting everything ready
I'm sorry to hear about your situation. Preventing you from attending a medical appointment could be viewed as neglect in California. This information can be shared with your grandma's legal advisor to strengthen your case.
Ok yeah sorry about that i was waiting for my dad to fall back asleep he's so nosy he's always teying to look over my shoulder and trying to see what I'm doing on my phone i can't even laugh at something without him asking "what are you laughing at" or "whats so funny" and he always ask who I'm texting if he sees me typing or who I'm on the phone with i hate having no privacy well i get privacy when he's at work
I'm sorry to hear you're going through that. In California, infringing on a child's privacy can be seen as a form of emotional abuse. Make sure to share all these instances with your grandma's legal professional. Have you spoken to your grandma about this issue?
Yes she told me don't worry you'll probably be living with us because everything you have against tour dad and you'll have tour own room and privacy when you are with us
That sounds reassuring. Have you discussed when your grandma plans to file the guardianship petition and the ex parte order? It's important to move forward as soon as you both feel prepared.
Sorry typo i meant your*
That sounds reassuring. In California, your wish to live with your grandma and her willingness to provide a safer environment are significant factors in custody decisions. Are there any other questions you have or other information you'd like to share about your situation?
She's probably going to file those after my birthday party so probably on the 16th or sometime after she really wants me to have this birthday party since i missed my last one because my dad was in the hospital
It sounds like your grandma has a clear plan. In California, it's important to file the necessary documents as soon as possible to safeguard your interests. Make sure to gather and secure all evidence you've mentioned.
I will i have it all in an album in my gallery i also send pictures of everything to my grandma she tells me to delete rhe text off my phone in case my dad looks through it
That's a wise move. In California, having a digital backup of your evidence is useful. Do you have a safe place to store these files offline or in a secure cloud storage to ensure they are not lost or deleted accidentally?
No i don't unfortunately i have multiple pictures of everything though
That sounds like a good approach. In California, it's important to have multiple copies of evidence. Your grandma's legal professional can guide you on how to safely store and present this evidence.
My grandma said she has a small file cabinet in my room at her house she said to make a file and put everything in there to keep it safe
That's a good plan. It's always good to have a physical copy of your evidence. Is your grandmother considering getting legal advice to help navigate this process effectively?