Legal Question in Family Law in California

Custody of grandchildren

I Have been raising my two grandchildren for about 3 years. TThey see their mother on weekends and their father occasionally. Their mother (NOT MY DAUGHTER) is a full blooded indian from a New Mexico reservation where her mother still lives. She has always been afraid that her mother would one day walk in and take the children to the reservation and no one will be able to get the children back because her mother got certificates of blood on them. Can this really happen? If the children go to the reservation can this grandmother keep them there because U.S. law is not enforcable on reservation land?


Asked on 6/29/09, 5:43 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Custody of grandchildren

This issue normally arises in CPS cases where the children are freed for adoption. Mother should file a petition with the state court requesting that you be appointed as the guardian of the children. There would be no request to terminate parental rights, and she would have regular visitation with the children. Mother would also be responsible for the children's support. The support obligation would be enforced only if you applied for a support order or received public assistance, or medi cal coverage for the children.

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Answered on 7/02/09, 1:49 pm


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