Legal Question in Family Law in California

Interstate Compact on Placement of Children

After receiving guardianship of my 3 grandchildren (being their maternal grandmother), only two of whom I had physical custody of in CA, the mother who lives in Oklahoma allowed the third child to visit with me in California. After 2 1/2 months, the mother wants the 3rd child returned, stating that she never had her parental rights revoked, nor was she notified of the guardianship hearing by the CA courts, and that MY bringing the child to CA to live with me was a violation of the laws respecting the placement of children in both states. (CA family code section 7900, Article 3 & 4, Interstate Compact on the Placement of Children). Can she take the child back with her to OK without penalty of kidnapping charges, especially since there is an open case in CA and an order of visitation for the PATERNAL grandmother; and since the mother is planning to take this 3rd child back before that visitation occurs, will I then be jeopordizing my guardianship of the other two grandchildren, for failing to produce that 3rd child to the paternal grandmother?


Asked on 6/04/03, 4:51 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Interstate Compact on Placement of Children

If the california court gave you guardianship over all three children, it is your duty to care for the children and protect them. Allowing mother to take the third child, without a court order, could result in the court replacing you as the children's guardian.

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Answered on 6/05/03, 2:07 am


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