Legal Question in Family Law in California

Our grandson is in the DCFS system. We have been declined for placement for our grandchild due to a child stealing conviction my husband about 20 years ago that was expunged, his grandfather has on his record. My husband has 15 years sober, owns his own business. Do we have any legal recourse to get our grandson. Our daughter wanted him with us. She gave him to us to take care of when DCFS was called. She signed the guardianship form but we could not file it according to DCFS rules (she has also been court ordered to get drug treatment and domestic violence counseling.) My husband feels this is a good thing or she may not be inpatient treatment right now. Do we have any legal recourse to have our grandson placed with us or even adopt him (God forbid it should come to that). My daughters husband is not sober yet)?


Asked on 7/01/10, 5:30 pm

1 Answer from Attorneys

Doesn't sound like the child stealing conviction was expunged. You can ask a judge to overrule DCFS, but your odds are extremely low. I think you are going to find that DCFS believes, with some clear supporting evidence, that your family is disfunctional and the child needs a fresh start entirly out of the family. I think you would find 99% of judges will agree, but you can always try.

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Answered on 7/01/10, 8:59 pm


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