Legal Question in Family Law in California

Assuming Custody of a Child

A few months ago my sister-in-law gave birth to my niece. Over time family and friends are increasingly worried on how she is taking care of the baby. She isn't neglecting the baby, but her views of taking care of her child seem sub-standard. My wife and I have spoken to family and would like to legally adopt the child. Is there any way to do this without criminal action against the mother?


Asked on 10/09/06, 2:21 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Assuming Custody of a Child

You don't mention the father of the baby but he would have a right to custody before you would if the mother is unfit. Child protective Services is the agency that would investigate the child's welfare. Alternately, you can seek to become the child's guardian or to adopt the child with the mother's consent. You may well want to consult a lawyer to explore these options before you call in CPS unless you fear that the child is in immediate danger.

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Answered on 10/09/06, 4:05 pm


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