Legal Question in Family Law in California
My brother passed away 2 yrsl ago when he passed he had full custody of his 2 children now ages 11, and 15 when he passed away the mother came and took custody of them she is now terminally ill and she wants to give custody of them to her on again off again boyfriend, my questions is if I had a dpss case closed on me 5yrs ago can I get custody of them and will there be any problems if she signs a letter stating when she passes he has custody of them also he does not support them they receive benefits from socical security from my brother
1 Answer from Attorneys
My suggestion is that someone will need to file a guardianship. That can be done even when the mother is still alive. It does not matter if the mother signs a letter. The court will only consider that. With the children at their age, the court should assign an attorney to represent the children in the guardianship proceedings. It is hard to say what effect the CPS case will have on you, although it will come up in the 1513(c) report which the court will most likely order. You very much should have an attorney who specializes in family law and who has done many guardianships to help you with your legal issues. Good luck!
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