Guardianship of Brody Denu Binnebose

Case Number

23PR00542

Case Type

Hearing Date / Time

Tue, 11/28/2023 - 09:00

Nature of Proceedings

Petition to Appoint Temporary Guardian of Person

Tentative Ruling

Probate Notes:

Appearances required.  The following must be submitted:

Proof of Personal Service. Proof of timely personal service of the notice of hearing and a copy of the petition (Prob. Code, § 1511) on minor’s living parent, OR Consent to Appointment of Guardian and Waiver of Notice (Judicial Council form GC-211) OR adequately supported request to dispense with notice (CRC 7.52; see Local Court form SC-6014).

Further briefing.  Petitioner must submit further briefing showing how this Court has jurisdiction of the case.  Minor has not lived in California for last 6 months and is not a resident of, nor temporarily resides in, Santa Barbara County. (Prob. Code, § 2200-2202)  Minor lives in Texas, and has for a year, and there is no parent in California.  It appears there is no way for this court to exercise jurisdiction under the UCCCJEA, because minor is not present in California. (Fam. Code, §3424(a).)  Even if the minor were present, the Court could only exercise “emergency” jurisdiction and would have to refer the case to the minor’s home state court, here Texas. (Fam. Code, §3402(g) [“Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.”].)