Legal Question in Family Law in California

My 11 yr old neice has asked to move in with me. Neither of her parents are fit to have her. Her mother has agreed to let her stay with me until she gets back on her feet. Once my neice is in my home, if she wants to stay with me for good how do I keep her if her parents want her back?


Asked on 1/31/11, 10:54 am

1 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

This answer should not replace the legal advice you should seek in an office consultation with an attorney skilled in California family law.

Without knowing more and just using the limited facts set out in your question, it seems that you should be filing for legal guardianship for custody of your niece. If the mother consents, it would be a very wise idea for mom to sign a consent declaration that you would file along with your guardianship documents.

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Answered on 2/08/11, 4:01 pm


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