Whats your opinion?

[SLYarnell]

Soc,

I am sure you will remember we have the guardianship in California, we live in Washington St.

There has been a domestic violence incident and a divorce petition filed by the guardians.  SD is currently living with "host dad" and 5 children at the home of host dads parents, she did change schools with this move.  None of this information was shared with the court.

We wanted to file a new petition to terminate pro per due to the changed circumstances and were advised by a lawyer in that county that we shouldnt, that "they do things their way in that county" and that we couldnt win representing ourselves.

We did send a letter to the judge notifying all other parties as well so the judge would know we were concerned and not just doing nothing.

My Question:

1. Is it a given that we will lose if we file pro per?  We have done pretty well with this court on our own since trial after ditching our lawyer $45,000 later.

2.  Is there something we can do to improve our pro per chances?

It is my belief that if we do nothing we lose anyway, at least if we file we have a chance!

[socrateaser]

>1. Is it a given that we will lose if we file pro per?  We
>have done pretty well with this court on our own since trial
>after ditching our lawyer $45,000 later.

I don't read tea leaves.

>
>2.  Is there something we can do to improve our pro per
>chances?

Yes, hire a lawyer. ;-)

You should have filed by now. You've already made it appear that this is not an issue. Sending a letter to the judge is not proper legal process, and the judge probably ignored it (I would have).

[SLYarnell]

Sending the letter to the judge was his secretarys suggestion.

We intend to give them one more week to respond and then we will file, for better or worse

[socrateaser]

>Sending the letter to the judge was his secretarys
>suggestion.
>
>We intend to give them one more week to respond and then we
>will file, for better or worse

Ordinarily, I don't respond without a question, but in this case, I think it's worth reminding you, that judge's clerks don't practice law, and that she/he has violated the law by making that suggestion to you. I'd be very interested in knowing why the secretary would make such a suggestion, because judges absolutely HATE being babysitters, and they almost never take action on their own motion. Your letter is not a motion, therefore there is no reason for the court to consider taking action. I can only think that you are being patronized by a well-meaning, but ignorant administrative assistant.

But, I could be wrong...time will tell.