Legal Question in Family Law in California

My friend asked if her 14 year old step daughter could stay at our home for a few days to avoid confrontation with her biological mom. The 14 year old's father died

about a year ago and the bio mom now wants custody. The step mom has raised the 14 year old since she was 2 years old but never filed for legal guardianship. The bio mom was not allowed to see her daughter and had no custody rights and was proven to be an unfit mother. Since the death of the father I was told the bio mom

now has full custody. Is that correct and if so, can our family be breaking the law to have her in our home?


Asked on 8/28/09, 9:05 pm

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

Any person that withholds a child from a person that has custody or the right to custody of a child commits a criminal act. Depending upon the circumstances the crime may be either a felony or a misdemeanor. The step mother should file for custody. She has been the care taker of the child for a significant period of time on a day to day basis. This would give her standing to request custody of the child. Retaining an attorney to assist in this matter is advisable.

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Answered on 8/28/09, 10:59 pm


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