Legal Question in Family Law in California

grandchild custody

Grandson, age 5, in foster care, CA. Grandparents residents of NY, have custody of 2 older siblings.

Maternal aunt removed child from shelter, placed him with "babysitters", eventually informing DSS she cannot provide for child, giving child to babysitters. Ignoring the fact the grandparents have been approved and ICPC arrangements made, they allow the babysitters to obtain a foster care license; terminated communications between siblings and family. Parental rights have been

severed, CA has forwarded the case to Sacramento for permanent placement of the child to the baby

sitter/foster home. Sacramento was unaware the

grandparents had been approved, were not provided

with any documentation to this effect, but still

hold w/ "bonding". Child has been misappropriately

placed; child has siblings, approved family. What

are the grandparent's rights? The child's rights?

Can CA violate the law like this? Need assistance/

advice. It has been the mother's request throughout that her children stay together, be placed with her parents. Father in jail. Nobody asked him.


Asked on 4/15/99, 12:14 pm

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: grandchild custody

I cannot tell you what the remedy is, as I do not know what stage of the

dependency proceedings you are at. Grandparents have a preference for placements

and for adoption. Foster care families which qualify as de facto parents also have

a preference. Grandparents do not usually have independent rights to intervene in the

action at any time, but may have some rights within the agency if they filed requests for placement or for adoption,

or within the court action itself if they could be deemed de facto parents.

Californa law favors children retaining contact with siblings, and placements which would facilitate this, and provides

for post-adoptive contact through sibling contact agreements even when the children

are adopted by non-relatives.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 4/16/99, 8:00 pm


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