Legal Question in Family Law in California
Is there a form that can name another person to care for my child in the event I go to jail and there being no child endangerment involved
2 Answers from Attorneys
There is a statute that provides for an "Emergency Caregiver Affidavit" but there is no set form, and it is not a substitute for a court appointed guardian. See Family Code section 6550.
No. If you go to jail the other parent gets first shot at caring for the kids. If the other parent is not in the picture or is unsuitable as a matter of law, then other relatives or a friend of the family can petition the court to care for the child. You can submit a document stating your preference and/or support for an application by another relative or other person, but it is up to the court to decide if the person you choose is the best choice for who will care for the child.
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