Legal Question in Family Law in California

guardianship of grandchild

if my daughter wants to sign custody

of her children over to me until she is

capable of taking care them herself

what do i need do legally so that she

cannot just come and take them

back when ever she feels like it and

put them back into a bad situation.

one child is already in my care, the

other has not yet been born and she

lives in a different state than i do. the

father of the children is also in no

position to care for the children and

has dropped the child in my care off

and has failed to contact me as to

the condition of his son, or his

whereabouts. i am not sure if he has

legal custody of said child however

there have been several people who

have told me that he is not a fit

parent and are wiling to attest to this

fact. my daughter has also confessed

to me that she is not a fit parent at

this time and that she is willing to

relinquish custody of both children.

just want to know what is the best

course of action to take.


Asked on 8/28/08, 3:07 pm

1 Answer from Attorneys
Cheryl Anne Woodard Cheryl Anne Woodard, Attorney at Law

Re: guardianship of grandchild

Apply for legal guardianship. Ask both parents to sign a Consent to the Guardianship. If you cannot find the form, a letter will be a good start, but do not stop there. Some counties have a guardianship program and or legal services that will help you complete the papers without charge.

Good idea to get this done as soon as possible. Also, if there are witnesses that the father is unfit, this will support your application. Get letters from them that are signed under penalty of perjury to preserve the evidence. There is also a specific Declaration form for this. Go to Family Court Facilitator at the local courthouse or local legal services agency to get the proper forms for filing and declarations.

If you cannot find local services, I offer form preparation at affordable rates. Please contact this office if you need further help.

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Answered on 9/04/08, 11:54 am


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