Legal Question in Family Law in California

guardianship

I am petitioning the court to give guardianship of my 3 1/2 year old grandson to my 24 year old daughter who is his aunt. She has been his primary caretaker for the last 3 years. His mother (my 18 year old daughter)who has the sole custody of my gradson, has a history of mental illness, drug use and was also involved in the juvenile court system for 4 years. She takes off for days at a time and can not be found. My question is: What proof do I need that the other daughter has been taking care of my grandson and that she would be the best placement for him?


Asked on 10/25/08, 5:06 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: guardianship

If it's contested, then bring proof of your 24-year-old daughter's mental and drug issues. Then show that your 18-year-old is capable of properly caring for the 3-year-old. Seems like an uphill battle because the court will likely think the 18-year-old is too young. But who knows.

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Answered on 10/27/08, 8:54 pm
Robert Mccoy Law Office Of Robert McCoy

Re: guardianship

The best proof of that would be, uh, your 24 year old daughter. She has to consent to the guardianship.

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Answered on 10/25/08, 10:40 pm


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