Legal Question in Family Law in California
Grandchild Custody
My son who is 49 and granddaughter who is 10 have been living with me for 8 years since my sons divorce. He is an alcoholic. I have cared for my granddaughter all these years as if she was my daughter. He has full custody of her. He has never contributed any support or household expensives during these years. At first he was left with many outstanding bills. He is working as a Telemarketer, has no insurance and no insurance for his daughter. I would like to put him in a Rehabilitation Center and obtain temporary custody of her while he is being detoxed. He is very verbal abusive while drinking.
3 Answers from Attorneys
Re: Grandchild Custody
You could file a petition to be named her guardian. To be successful you will have to prove that it is detrimental for your son to have custody of the child.
There is also a risk that her mother will show up and demand custody. The fact that she has apparently not visited the child for eight years will help you show that it would detrimental for her to have custody of the child.
You could report the situation to child protective services. This course of action has some risk. The juvenile court may determine that you should not have custody of the child.
The first step you should take is to contact an attorney and discuss the facts of your case with the attorney.
Re: Grandchild Custody
The court will consider placing the child with the mother if you were to file for custody. Custody is to be given to a non-parent, if the child had been residing in an wholesome environment, and, it would be detrimental for the child to live with a parent. Call me directly at (619) 222-3504.
Re: Grandchild Custody
Dear Inquirer:
Nothing herein shall create an attorney-client
relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, Tenants'
Rights, and Juvenile Dependencies, and EDD
hearings and appeals, as well as information
about me (education, experience, et cetera)
and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
If there is imminent danger to the child you should notify Child Protective Services at once. If the facts warrant it, the child will either be placed in an institution, with a foster family, or -- most likely -- with you.
Otherwise, you can apply to become guardian of the minor, especially if Dad agrees and Mother has been absent from the child's life for more than two years.
This is NOT a "do-it-yourself project." Contact a lawyer who is familiar with family law, juvenile dependency proceedings, and guardianships.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.