Legal Question in Family Law in California
Child Custody
My Niece is 15 yrs old. Her mother was my cousin and passed away 4 yrs ago. Since then she has lived in terrible conditions with her father and his wife. He has kicked her out of his house and I have brought her to live with me. I want legal custody of her but I don't know what my rights are. She doesn't want to be there, he doesn't want her there but what can I do to keep her for good. I'm afraid that he is going to claim that I kidnapped her and call the police on me. There are 9 people living in a one bedroom home, she is mentally and emotionally abused, it's not in her best interest to be in her fathers home. I am married and have three children of my own. I am financially able to take her in and care for her as my own. The father is receiving money from the state for her and her older brother. I realize this is the only reason why he agreed to take them in after their mother died. Please let me know if you have any answers for me.
1 Answer from Attorneys
Re: Child Custody
Petitioning the court to be appointed as her guardian. This will involve the court investigator talking to her and her father. Such an investigation would probably result in CPS becoming alone