Legal Question in Family Law in California
I'm 14years old. My parents are divorced but they both have joined custody of me. I would like to go live my aunt and uncle because my dad can not take care of my. My dad leaves me for three to four days at a time. With no one watching me. My mom say's its a good idea to go live with my aunt and uncle but my dad doesn't think so. My dad can barely take care of me let alone himself. I need to live somewhere stable. My aunt and uncle are willing to save me from my dad.They are just wondering am i going to lose my medical benefits that the state is paying for, and the cash aid? Can they adopt me with one parent's consent?
1 Answer from Attorneys
You should ask your aunt and uncle to file paperwork in court to become your legal guardian. That way they will have legal rights to you, and can ask for child support from your dad.
You should tell them to speak to alocal attorney regarding getting guardianship of you. Your mom can also file for more custody time, so that you won't have to spend as much time at your fathers house when he is gone for several days straight.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/