Legal Question in Family Law in California
Child Custody by Relatives
My nephew's children have been placed with a friend of my nephew. We have spent over two years trying to obtain custody of my nephew and niece. They keep changing social workers. The friend always comes up with an excuse for us not to see the kids. I don't understand. Everytime I call the social worker. She is either unavailable or a new one is assigned. I would think that the courts would place the children with family first before placing them with non-familial acquaintances. My nephew has drugs problems, and hit the kids. The friend, who he was staying with, reported him and he went to jail. This is so so frustrating because my nephew does not deserve those children until he gets cleaned up and faces the results of his actions. But, they should not have to stay with strangers. We love them. We are their family. Please provide me with case law or something in this area in the state of California. Thanks...
1 Answer from Attorneys
Re: Child Custody by Relatives
Child dependency cases are complex in that they have very short time limits for action. The parents of the children could go to court and request that the children be placed with you. The code prefers placement with a family member. You would probably have to also agree to adopt the children if the parental rights are terminated. Consulting with an attorney with dependency court.
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