Legal Question in Family Law in California
Custody/guardianship of a child not living with either parent
A mother has a child from a previous marriage. At the time of separation the child went to live with the mothers parents (the childs grandparents). The judge who granted the divorce and set child and spousal support was aware the child was living with her maternal grandparents, but awarded child support anyways (the support order doesn't indicate his knowledge of the childs living arrangements). The childs father (a drug user with an unstable lifestyle) visited her once at her grandparents� home, and never paid any child support. Several years later now, the father was located and wages garnished for the past-due child & spousal support. He has filed for change of support and of custody, claiming since the child has lived with her grandparents all this time, no support should be due to the mother, and also that he could provide a better home than that of the grandparents. What options does the mother and grandparents have to avert this?
2 Answers from Attorneys
Re: Custody/guardianship of a child not living with either parent
Placement with a non-parent is unusual. A tough custody challenge awaits the grandparents. You would be well served by obtaining representation. This is a matter for which an experienced hand in legal strategy in needed. Don't try to go through this by yourself, get the results that you deserve. Please call me directly at (619)222-3504
Re: Custody/guardianship of a child not living with either parent
As the first message stated you need to have an experienced attorney represent the grandparents.
The court can place the child with a nonparent, such as the grandparent, only if there is a finding that placing the child with the parent would be detrimental to the child.
Where is the mother of the child, and what relationship has she had with the child? Assuming that mother has had a relatively good relationship with the child, the child could be placed with her.
Under California law if a parent has not contact with and does not provide support for the child for a period of 12 months the court can find that the parent has abandoned the child. You may want to try this approach so that grandparents can adopt the child. Adoption would cut off the ability of the grandparents to obtain aid for dependent children.
Your statement does not indicate that government financial assistance was obtained for the child. If this is the case the father may be willing to give up his parental rights in exchange for the child support arrears being forgiven. Since the child support was payable to the mother she is the one that would have to forgive the back child support.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
