Legal Question in Family Law in California

Children to be removed from parents

My nephews and niece are at risk for being removed from their parents. They are living in a motel right now, but that does not seem to fly with social worker. The oldest 8 lives with Grandmother and according to social worker he might be taken to. Even though he is attending school there and stable. The social worker indicated that as long as one of his parents was living there to, there would be no problem. Grandparents are thinking about full custody of thier grandson, and social worker said that she would have to do a top to bottom check of the house. What rights to the parents have in this situation to avoid having the children taken away, and what rights do the grandparents have in relation to the child that is with them right now? Can he stay?


Asked on 9/10/02, 6:26 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Children to be removed from parents

The grandparents can bring a guardianship petition--this will prevent the social worker from taking the kids without a court order. As far as the parents, the social worker can take the kids away if they are in danger. There is not much the parents can do to prevent this except turn the kids over to the custody of someone else or to give a guardianship to someone else.

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Answered on 9/11/02, 1:25 pm


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