Legal Question in Family Law in California

guardianship

My Daughter is 16 years old and our family situation warrants her to live with her Grandfather in Washington State how do I go about giving them guardianship for legal matters? Not custody!

Thank you! J.Spinks


Asked on 7/10/02, 1:06 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: guardianship

You can have them do a guardianship petition in california (if that is where the child has been for at least 3 months) and have them agree to give custody to you upon your demand. You can make this ageement the order of the court.--However, I get the very suspicious feeling that the underlying question you are asking is really "How to I keep getting child support when I no longer have physical custody of my child?" The answer is You cannot. Even if a court order says you have primary custody, the law says the court needs to look at the reality of the factual custody of the child. If you do not in fact have custody of the child, you are entitled to no child support. Some laws just make no sense.

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Answered on 7/13/02, 7:58 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: guardianship

You can provide the grandparents with an informal letter stating your wishes or a better thing to do is to find out what sort of documentation is needed where they live in order for them to enroll the child in school and make medical decisions and that sort of thing. Many times, a county's child services office will have forms and information to help you.

Thank you for your inquiry-Martin

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Answered on 7/10/02, 1:51 pm


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