Legal Question in Family Law in California
Chid Custody
I'm the grandmother of a 2-year old girl who's mother recently has been arrested for several charges, the child is physically in my custody, but not legally, in the past her father has expressed concern about having joint custody of the child before the arrest, the child has lived in my home with her mother since birth. I want legal custody of this child, how will I go about doing this? My daughter has agreed to give me legal custody, how much say so does the father have in this matter?
2 Answers from Attorneys
Re: Chid Custody
You did not indicate how much contact that father has had with the child. If the father has had regualr contact with the child. If father has had regular contact with the child you will have a tough fight.
To defeat father's claim for custody of the child you must show that it will be detrimential for the child to be with its father, and that the best interests of the child are served by placing the child with the non parents.
Courts have held that removing a child from a step parent can be detrimental to the child. In those cases the court found that it was the conduct of the parent that resulted in the development of a close relationship between the child and the foster parents. There are not cases that I found in which the non custodial parent was denied custody in favor of a third party.
Re: Chid Custody
The father can refuse and will prevail. You can't get custody unless you prove he is unfit. You can get visitation rights, however.
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