Legal Question in Family Law in California

Grandmothers Right to Custody of Grandchildren
Grandhildren lived in grandmother home over 11 yrs. along with mother in a extended family situation. Mother gave birth to last child while alleged to have drugs in her system causing intervention of DFS 4/7/2001. Mother moved out of family home 4/10/2001 leaving her five children to the care grandmother and uncle. Did the DFS have the right to remove children from home of grandmother and uncle without at first giving written reasons for removal; rather than failing to follow CA WIC 306(b)(3); stating if the alleged abuser removed herself from the home of children, the children would not have to be removed, as long as there is an eligible caretaker currently residing in home where the children live, and is willing to continue to provide the attention and care of the children need.

Asked on 1/22/04, 8:05 am

Donald Holben Donald R. Holben & Associates, APC

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Re: Grandmothers Right to Custody of Grandchildren

Need lots more info and look at files, etc. You should retain counsel to assist.

Answered on 1/22/04, 1:10 pm

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