Legal Question in Family Law in California
Child Custody
My ex in laws have custody of my daughter who is not blood related and I want to regain custody. She has been with them for 4 years due to loss of my job and drug habit. I am sober and in a stable home. What do I need to do to ensure that I am ready to win a case? Her biological father has been absent since birth.
2 Answers from Attorneys
Re: Child Custody
You did not state the age of your child. When the child is under three years of age you have 12 months in which to reunify. When the child is older the time is 18 month in which to reunify. An older child is often not adoptable. In those cases the child is placed in the custody of a guardian. If the child is with a guardian you may have a chance to regain custody. An adoption will not be set aside for you to have custody of your child.
Re: Child Custody
The paternal grandparents have a guardianship, or custody after a dependency proceeding? If a guardianship, you have to petition the court to terminate the guardianship based upon it no longer being necessary and you;ll have to prove your fitness as a parent. If in dependency court, I have limited knowledge of those proceedings and refer them out, but as I understand it, you may or not may be able to do that four years later if reunification services for you have already been terminated and your parental rights have been terminated.