Guardianship and convicted felons

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Latest post Fri, Jun 29 2012 6:24 PM by ClydesMom. 6 replies.
  • Thu, Jun 28 2012 9:32 PM

    Guardianship and convicted felons

    If I have guardianship of my grandson can I also have my son living in my home as well? My son is a convicted felon of drug amoung other crimes, no violence or a sex offender, mostly driving without a license and on a suspended license over 12 times, theft and drugs. He has also been in and out of court ordered rehab 4 times in the last 4 years. Is this something that is grounds for the guardianship to be terminated and for my grandson to be given back to his mother? If so what trouble would I be in if any with the court? My felon son was living with me before my grandson came to live with me and he had been convicted in several different counties in CA and I think I agreed to provide a safe environment free of drugs and criminals, but I can't find that term in my guardianship paper work. Could someone please clarify this for me? Thank you

  • Fri, Jun 29 2012 12:52 AM In reply to

    Re: Guardianship and convicted felons

    Why would you want your son living there when you have your grandson there? Clearly you know this is going to be an issue. Given your son is a repeat offender why would you let him live with you? If you want to possibly lose guardianship  of your grandson, then let your troubled son move in. I'm confused as to why you would actually post asking this when the obvious answer would be "heck no" to having your son living with you. Even if you did not have your grandson in your custody, clearly your son is very troubled who continues to get into trouble. Why would you want to expose your grandson to this mess?

  • Fri, Jun 29 2012 2:15 AM In reply to

    Re: Guardianship and convicted felons

    Thank you for your response, no offense but I'm waiting for a lawyer to respond to get a legal opinion on the matter. I do appreciate your input, have a nice day. Thanks

  • Fri, Jun 29 2012 3:06 AM In reply to

    • DOCAR
      Lawyer
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    • Joined on Sat, Dec 9 2000
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    Re: Guardianship and convicted felons

    It would only become an issue if someone raised it an objection to the guardianship, or a motion to terminate the guardianship or change the guardianship.  Then it would become a big issue.  No one can predict what a judge will do, because we don't know what type of living situation would be the alternative.

  • Fri, Jun 29 2012 8:11 AM In reply to

    • DPH
      Consumer
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    Re: Guardianship and convicted felons

    JenniferRoland13:
    If I have guardianship of my grandson can I also have my son living in my home as well? My son is a convicted felon of drug amoung other crimes,

    Remember, no good deed goes unpunished.  Having your son move back in might work out, but if there is any chance that the guardianship could be compromised by his presence, you can almost count on something happening.

    JenniferRoland13:
    I think I agreed to provide a safe environment free of drugs and criminals,

    I think that says it all, but if you want to be sure then check it out with your attorney.  Thinking and KNOWING are two way different concepts.  One of the other responses pointed out that if someone where to raise the question, it might then become an issue. 

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Fri, Jun 29 2012 6:18 PM In reply to

    Re: Guardianship and convicted felons

    In late 2004 my daughter had gotten in trouble with the county for welfare overpayment and it started out as a felony but was reduced to a misdormeanor when she was finally sentanced in 2006 because it was her first offense and all but about $600 had been paid back by that point, and she was given 32 days on an ankle monitor. At the time she was only engaged to her now husband and I told her that he could not have any legal right over her son in case she went to jail so I talked her into giving me guardianship of her son, which she did voluntarily, he was never removed from her custody by the court. She got through the court case, served her 32 days at home and was then on 3 years informal probation which she served without a problem and then went back to the court and had her case expunged successfully and that was in 2009/10. She has been with her husband for 8 years and married for 6 and lives in a nice little home in a safe neighborhood. She does not work but her husband has two jobs and has always worked. They don't do drugs or drink and are all in all good people and the living environment would be ideal for her son to go back. We don't get along anymore and we fight all the time over her son, I don't want to give him back but she tells me she is going to take me back to court, but has never mentioned anything about her brother's criminal record being a factor as to why she is going back to court, I thought she might bring it up and that it would get me in trouble in big ways because I am a litagation paralegal and an officer of the court. Is that going to be something that will get me in serious trouble with the judge, that I should have known better then to agree to not have a felon living in my home when i knew full well he was living with me?

  • Fri, Jun 29 2012 6:24 PM In reply to

    Re: Guardianship and convicted felons

    JenniferRoland13:
    We don't get along anymore and we fight all the time over her son, I don't want to give him back

    Can you blame her?   You did one thing to help her out.  She did everything a responsible citizen who makes a mistake should do to atone for it and you REFUSE to return her child to her.  I wouldn't get along with you either.  How sad that you can't put your own child and grandson's needs before your own.

    By your own admission she is fit to be his parent and you REFUSE to return him.  Even in foster care the goal is reunification.  Clearly you haven't done what YOU should do morally and ethically to reunite this boy with his mother.  Shame on you.

    JenniferRoland13:
    she tells me she is going to take me back to court, but has never mentioned anything about her brother's criminal record being a factor as to why she is going back to court

    Perhaps it is because her heart is breaking to be with her son?  You seriously can't believe you don't know why she is taking you back to court.  

    JenniferRoland13:
    I am a litagation paralegal and an officer of the court. Is that going to be something that will get me in serious trouble with the judge, that I should have known better then to agree to not have a felon living in my home when i knew full well he was living with me?

    You think?  How odd that you took your grandson believing you were a better parent and now you admit his own mother is the fit parent and you have worse decision making capability than she ever did.  

    Do the right thing and return him to his mother.  A drug addicted convicted felon is NO ONE to raise a child around when his mother and loving step father are ready to raise him in a home without your son's issues.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

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