Every parent deserves the right to legal representation, especially in critical cases involving the guardianship of their children. Currently, parents in California Probate Court Guardianship cases are not guaranteed legal representation, putting them at a severe disadvantage and risking unjust separation from their children.

We demand that the California State Legislature and Governor Newsom mandate the appointment of legal counsel for all parents in these cases to ensure fair and just proceedings.

Parents involved in Probate Court Guardianship cases often face complex legal challenges without adequate representation. This lack of legal support can lead to unjust decisions, where children are removed from their parents without due process. Ensuring legal representation for all parents will help protect families and uphold the principles of justice and fairness.

We call on the California State Legislature and Governor to enact legislation that mandates the appointment of legal representation for all parents in Probate Court Guardianship cases. This measure is essential to protect parental rights and ensure that all parents have the opportunity to defend their interests effectively in court.

Sign this petition to demand that the California government provide legal representation for all parents in Probate Court Guardianship cases. Share this petition with your friends, family, and social networks to help us bring about this crucial change.

No Parent Should Lose Their Child Just Because They Can’t Afford a Lawyer

California Must Guarantee Legal Representation for Parents in Probate Guardianship Cases

My name is Jedidiah Smith, and I lost guardianship of my only child—not because I was unfit or abusive, but because I couldn’t afford an attorney.

In California Probate Court, a stranger can file for guardianship of your child and strip you of your parental rights—and if you can’t afford a lawyer, you don’t get one. You’re expected to defend your family alone, against lawyers, reports, and a system built to shut you out.

That’s exactly what happened to me. My wife and I were dragged into a guardianship case by her former stepmother, a woman who is not biologically related to our son. She lied about our parenting, misrepresented her relationship to our family, and was treated as a concerned grandmother by the court.

A Family Court Services report—the central piece of evidence—was written under the false belief that she was my wife’s biological mother. That lie was never corrected. We were never notified of the investigation. We never even got to speak to the evaluator. We were denied our right to participate, and we were denied our right to counsel.

The judge, minor’s counsel, and even the appellate court relied on that false report to permanently remove our child from our custody. There were no findings of abuse, no findings of neglect—just a devastating ruling based on incorrect assumptions and lies. And because we were indigent and unrepresented, we had no way to stop it.

This system is built to believe the one who controls the narrative. And in Probate Court, that’s rarely the parent.

We were left watching our son be raised by someone who emotionally and physically abuses children and has an open CPS case against her, someone who actively isolated him from us. We weren’t allowed to communicate. We missed birthdays. Holidays. Years we will never get back.

We are not criminals. We are not dangerous. We are parents. And we were thrown aside because we couldn’t afford an attorney.

I’m asking the California Legislature to change the law:

Guarantee legal representation for parents in Probate guardianship cases when they cannot afford an attorney.

This is not just about my story—it’s about protecting the rights of every mother and father who walks into court terrified they’ll lose their child, and can’t even afford a voice.

Please sign this petition.

Help make sure no family is torn apart without a fair fight.