Legal Question in Family Law in California

Re: child custody

The answer to your question would depend upon the facts in your case. For a non parent to be awarded custody, when a parent is available you would have to prove that this parent is unfit. To determine what your chances are you need to consult with an attorney to fully discuss the facts in your case.

Re: child custody

The family code states that the surviving parent is entitled to custody. However, if there are reasons why the surviving parent is unfit and whereby it would be detrimental to the children to be with the parent, then you can file for guardianship with a reasonable chance of success.

Regards,

Damian Nolan