Legal Question in Family Law in California

Child Custody or visitation

My niece who is almost 3 lives with her mother who has been arrested at least twice maybe more. My niece has witnessed her mother argue and physically fight with her boyfriend who also has been arrested for drugs and domestic abuse. My niece lived with my family for 7 weeks in August/September 04 after the mother had been arrested and prior to that my niece lived with someone who the mother had worked with for 4-5 months. The mother had given her temporary custody to her. My brother (the father) is in and out of rehabs and not doing well himself is not really in the picture. The mothers roomate at this time has said and is willing to write a statement that my niece is often neglected and subject to things children should not ever see or hear. The roomate has asked the mother to move out because the mother doesn't pay her bills and is a slob. Shes also stated she is a horrible mother and should not have a child. Myself along with my husband and my mother are deeply concerned for the childs well being. The mother has refused to let my mom see my niece or spend any time with her even though my niece has asked for her specifically. Now the mother says she will be moving in with her abusive, druggie boyfriend. What can I do legally?


Asked on 1/26/05, 6:04 pm

2 Answers from Attorneys
Mona Montgomery Mona Montgomery, Attorney at law

Re: Child Custody or visitation

You can file for guardianship of the child. I warn you, the court will not grant your petition unless you can prove with clear and convincing evidence that the child is in danger. You need more than a declaration signed under penalty of perjury. You need witnesses to come to court. You need a lawyer. The Los Angeles Superior Court runs a free Guardianship clinic on the second floor and they will get you started but frankly, in your case, I believe you will need an attorney. You may find an attorney in that clinic who would like to take your case.

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Answered on 1/27/05, 12:30 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Child Custody or visitation

I am sorry to hear of the young girl's situation. Certainly neglect is a matter that CPS should be aware of. If the child is removed, family would have priority placement over a foster home.

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Answered on 1/27/05, 12:56 pm


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