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Tentative Ruling
Judge James F. Rigali
Department 2 SM-Cook
312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369


Guardianship of Olivia Thompson, et al.

Case No: 15PR00079
Hearing Date: Tue Jan 09, 2018 8:30

Nature of Proceedings: Petition for Termination of Guardianship

Appearances required. Petitioners should come prepared to discuss how they plan to ensure the minors’ father will be able to maintain custody away from the minors’ mother.  Under Family Code section 3010, both parents are “equally entitled to custody of the child.”  This means the minors’ mother in this case will have equal right to custody once guardianship is terminated.


This is problematic, because the guardianship was established due to the mothers’ alcoholism.  There is no evidence she has recovered from that condition, or that she is in agreement with this petition.  Once the guardianship is terminated, the mothers’ rights will no longer be hindered, which gives her the right to share custody of the children.  

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