Hello

I have Probate court ordered legal guardianship in California. Parents have signed concent form GC-085 to move out of state which I will present to the court requesting the move officially. I plan to move to North Carolina, my concern is custody once I get to North Carolina. NC courts do not grant legal guardianship unless the parents are died or rights are terminated. I have spokien to a few NC government entities who say they would honor California paperwork. I don't want to move 3000 miles with 3 little ones and they be in limbo. Also after being in North Carolina for a few years and I decide to return to California, will my California documents still be in affect?

Even if the laws are different, NC should honor your guardianship.

How did a probate court grant custody? California has a family law court system in place for custody issues. If you didn't get this through family court it may be easier for it to be overturned as different rules apply to that court system. Probate is normally for physical items and not for people.

California courts- Probate or Juvenile

My guardinship is court ordered, Judges stamp/sign, case #...

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Originally Posted by twomecome

California courts- Probate or Juvenile

My guardinship is court ordered, Judges stamp/sign, case #....

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What court issued it because your stating 2 courts.

California's family court... you might also want to read up on California Probate 1516.5

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Originally Posted by twomecome

California's family court....you might also want to read up on California Probate 1516.5

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I did read up on it and that's why I had asked. The purpose of the probate court in this case was to decide parental fitness by court order. The custody needed to follow family court rules to allow guardianship.


Ref:

California Probate Code 1516.5 :: Lawserver

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Originally Posted by twomecome

California's family court....you might also want to read up on California Probate 1516.5

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I think you are confusing a section of code with the courts that enforce them. You have now said that the guardianship was awarded by a court in the Family Court system. It may have been awarded under the Probate code section cited, but that doesn't mean it was awarded by a Probate Court.

California Probate courts do have jurisdiction over guardianship of minors, but mainly in terms of orphaned children where guardianship is part of probating the parent's estate. Generally Family Courts have jurisdiction otherwise.

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Originally Posted by ScottGem

I think you are confusing a section of code with the courts that enforce them. You have now said that the guardianship was awarded by a court in the Family Court system. It may have been awarded under the Probate code section cited, but that doesn't mean it was awarded by a Probate Court.

California Probate courts do have jurisdiction over guardianship of minors, but mainly in terms of orphaned children where guardianship is part of probating the parent's estate. Generally Family Courts have jurisdiction otherwise.

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That section was also created to removing parental rights for the purpose of adoption too.

Ref:

In 2003 the Legislature enacted Probate Code section 1516.5, making it easier for children in probate guardianships to be adopted by their guardians. (Stats. 2003, ch. 251, § 11; hereafter, section 1516.5.)1 Section 1516.5 authorizes the termination of parental rights when the guardianship has continued for at least two years, and the court finds that adoption by the guardian would be in the child's best interest. In this case, a mother whose rights were terminated under section 1516.5 contends the statute is unconstitutional on its face because it allows the fundamental rights of parenthood to be extinguished without a showing that the parent is currently unfit, or that termination of parental rights is the alternative least detrimental to the child.

Wrong wrong wrong... Probate court granted Guardianship... Code 1516.5 terminates parental rights without proving parents unfit... this has gone to Supreme courts and found the law to be constitutional

Do you have any references for what your saying?

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Originally Posted by twomecome

Wrong wrong wrong......Probate court granted Guardianship.....Code 1516.5 terminates parental rights without proving parents unfit...this has gone to Supreme courts and found the law to be constitutional

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Correct code but wrong article./ 1516.5 is used for adoption/

California Probate Code Section 2105
(a) The court, in its discretion, may appoint for a ward or
Conservatee:
(1) Two or more joint guardians or conservators of the person.
(2) Two or more joint guardians or conservators of the estate.
(3) Two or more joint guardians or conservators of the person and estate.
(b) When joint guardians or conservators are appointed, each shall
Qualify in the same manner as a sole guardian or conservator.
Legal custody is a similar status to guardianship,
Guardianship is usually granted by a probate court, whereas a family court grants legal custody.

Walnut Creek Probate Attorney, Conservatorship, Guardianship, Estate Planning

Los Angeles Probate and Estate Planning Lawyer | The Termination of Parental Rights in California: Blog

Google the code and case study will show up (Charlotte or Anna)

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Originally Posted by twomecome

Walnut Creek Probate Attorney, Conservatorship, Guardianship, Estate Planning

Los Angeles Probate and Estate Planning Lawyer | The Termination of Parental Rights in California: Blog

Google the code and case study will show up (Charlotte or Anna)

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The first link:
"In 2003 the California Legislature enacted Probate Code section 1516.5, making it easier for children in probate guardianships to be adopted by their guardians. "-ops-I gues the goal is ADOPTION.

The second link:
In re CHARLOTTE D. a Minor.
Father manifestly failed to fulfill his parental responsibilities and did not promptly defend his custodial rights. To the contrary,he abandoned his responsibilities and formally waived his parental rights when the
Guardianship was established. Although he was living with Charlotte in his
Parents’ home, and was evidently employed, he yielded custody to his parents as guardians and further agreed to give up his statutory parental preference in any future custody proceeding.

Correct me if I am mistaken but your question was about moving to NC.

Correct... the court has given me permission to leave Caliornia and I have found a lawyer in NC that will register judgement

Also had a TPR court date and none of the parents showed up thus parental rights were terminated. I will complete adoption process in NC

Thank You very much