Legal Question in Family Law in California

My grandson is 21 months old and stays with me most days but I do take him home when they ask but he is alwasy in the middle of their domestic violence. I do not wnat him harmed. Can I get custody or temporary custody if I have a felony from 8 years ago for Larsony. Am I automatically denied. Will they look at the fact I have him alot he is taken care of at my place. Will they look at that I have a job and my husband stays at home and can care for him while I am at work. Will they look that I take him to places he gets to see all his family.


Asked on 7/31/10, 2:37 pm

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

Much depends upon what is in the best interests of the child. Your felony history does go toward your credibility somewhat, but it does not rule out your participation in a custody matter. You would NOT be automatically denied. You can petition the local superior (family law) court for custody or temporary custody, but it probably would be denied if either parent objected UNLESS staying with either or both would be detrimental to the child. Your present behavior with respect to the child would certainly put you up front as a candidate, however, should the child need to be placed beyond either parent. As a last resort you could notify Child Protective Services in your county if you serious expect that continuing to live with the parents is not in the best interest of the child. They would investigate the entire matter and would use the juvenile courts to enforce their objectives. It would be up to them, at that point, to decide if intervention is necessary based upon their observations and testimony of others such as you. It would be up to them to find a suitable temporary or permanent home for the child. At that point, you would put yourself out as the best alternative and hope that the CPS people and the judge agree. Using CPS brings government into the picture. Think hard about whether the issue is serious enough to require this.

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Answered on 8/05/10, 4:14 pm


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