Legal Question in Family Law in California

I would like to find out how to obtain temp custody of my 2 year old niece,reason being her mother has been in prison for over 18 months and her father is in prison since dec of last year. My sister mean while has written me notifying my when she gets out she is coming to pick up her daughter and go to a shelter reason is I wrote and notify her she is no longer allowed in my house do to the fact that she had identy theft and I was her victim. But I have been raising my niece since birth this is the only deweling she knows she doesnt reconize her own mother. Since she has 6 kids and lost custody of them all I am only looking out for the baby. My sister is a drug addic and I dont want to see my niece in that enviroment.What can I do?

sincerly

Peggy Walden

[email protected]


Asked on 3/17/10, 8:27 am

2 Answers from Attorneys
Cristin Lowe Law Office of Cristin M. Lowe

Ms. Walden,

You will want to file for guardianship over your niece. You will need to move very quickly and file for an ex parte (emergency) request for guardianship. That will give you legal and physical custody over your niece pending the general ("permanent") guardianship.

Guardianships can be very tricky and are extremely paper-intensive. You would definitely benefit from consulting with an attorney.

Good luck!

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Answered on 3/22/10, 9:10 am
James Bame San Diego Law Office

I am sorry to hear of your neices's mom

s problem. Has a Juvenile Court Case been openned? Contact me directly.

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Answered on 3/22/10, 11:13 am


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