There are many ways to raise a child, and some parents engage in childrearing habits that may be viewed as unconventional. For example, parents may choose to adopt a nomadic lifestyle instead of raising their children in one location. In such instances, it may not immediately be clear what state has jurisdiction over custody disputes. Recently, a California court discussed the assumption of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (the Act) in a matter in which the state terminated a mother’s parental rights. If you need assistance with a custody dispute, it is smart to meet with a dedicated San Diego child custody lawyer regarding your options for seeking a favorable outcome.

History of the Case

It is reported that the mother lived in a van with her two minor adopted children. In 2019, Montana’s child protective services removed the children from the mother’s care due to evidence she abused and neglected them. A court placed the children with their grandmother but later returned them to the mother’s care. The mother and one of the children then traveled to Washington, where she was again investigated by child protective services before ending up in California.

Allegedly, the mother, who had significant mental health issues, called the police regarding a perceived bomb threat and was placed under a psychiatric hold. The Department of Children and Family services moved to terminate the mother’s parental rights and the child was removed from the mother’s custody. The mother later objected, arguing that the court lacked jurisdiction over the matter. Continue reading

Appointing a guardian ad litem for a parent in a dependency matter drastically alters the parent’s role. Specifically, it allocates control and direction of the litigation to the guardian ad litem rather than the parent. Although it is sometimes necessary to appoint a guardian ad litem to protect the parent, as explained in a recent opinion issued by a California court, the appointment of a guardian ad litem should not be used as a means to restrain a difficult parent, even if the parent repeatedly acts against their own interests and that of their child and interferes with court proceedings. If your parental rights are in jeopardy, it is advisable to speak to a skilled San Diego child custody attorney to discuss what measures you can take to protect your interests.

Procedural History of the Case

It is reported that in June 2018 and in January 2019, the mother presented to the emergency departments of a hospital complaining of migraines and pain. Blood tests during her visits revealed her BAC to be .297 and .296, respectively. Following her second trip to the hospital, the Los Angeles County Department of Children and Family Services (the Department) filed a petition to have the mother’s minor son deemed a dependent of the state, alleging that the mother had an extensive history of alcohol abuse and suffered from anxiety and depression, which rendered her unable to care for her minor son.

Allegedly, the court sustained the allegations in the complaint and deemed the mother’s son a dependent child. The mother underwent a court-ordered psychiatric evaluation, and the doctor that examined her concluded that she suffered from anxiety and anger issues but that they arose out of the dependency proceeding and not a mental illness. Due to the mother’s erratic behavior and repeated disputes with her attorney during the pendency of proceedings, the court raised the issue of whether to appoint a guardian ad litem for the mother. The court ultimately decided to appoint a guardian ad litem for the mother, after which she appealed. Continue reading