Legal Question in Family Law in California

Custody

My daughter,(38) and her son(14) have lived with me for over 1 1/2 years. She has ''sole'' custody. She has had to raise him alone with no help from his dad. His dad is on disability. he wont work because he would have to pay child support. He wont do anything for his son because it may make my daughter's life a bit better. My daughter is too sick to work; but not sick enough for disability. my husband and I have been their support except for $250 a month from Social security. My grandson is as mean and nasty as he can get away with. If I threw them both out, they have no place to go but a homeless shelter. He does not care. She is ready to give him to his father; but his father enjoys her suffering, and would never do anything to help. Is there anything that I can do to either get my grandson to have a change of attitude, or get his father to step up to the plate? Can I get custody of my grandson, so my daughter wont be responsible for him any longer?


Asked on 8/13/03, 4:23 pm

3 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Custody

There are a couple of possibilities. One, the mother could take the father to court and question whether his disabiity is bona fide and whether he should be ordered to seek work or rehabilitation. Also, his disability income is not necessarily itself exempt from child support collection.

Yes, another possibility is for the grandparents to seek custody. If you are supporting the mother and the grandchild anyway, this seems like a logical solution.

You need to contact a local family attorney to decide which way to go and file the appropriate petitions.

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Answered on 8/13/03, 10:26 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: Custody

Yes, you can file for child custody as a grandparent. Please consult a local attorney to assist you in that regard. Good luck and thanks for inquiring.

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Answered on 8/13/03, 11:01 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Custody

If your daughter agrees, have her file a motion to give you custody of the child. She can ask her court facilitator for help in filing the motion, to save attorney's fees. At that point the Father may either take custody of the child or let you have custody. After you have custody you may be able to apply for AFDC to support the child. At that time the County Department of Child Support Services will enforce child support, which may be against your daughter as well as the Father. Good Luck, Pat McCrary

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Answered on 8/14/03, 4:44 pm


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