Legal Question in Family Law in California

Legal Custody of Niece

I am 23 years of age, about to graduate with my B.S. and I've raised my niece since she was 1. I was 19 at that time now my niece will turn 6 this year. I want to obtain legal custody of her and I know that her biological father wont mind signing her over. As for her biological mother, she has been long gone for yearsand I know nothing of her whereabouts. Do I need a lawyer? Can I represent myself in court? What would I have to do to actaully make my niece my baby?


Asked on 7/18/11, 3:59 pm

1 Answer from Attorneys

James Goff James R. Goff, Attorney at Law

You have options. You can petition to become the child's guardian. This can be done in pro per, i.e., represent yourself. Many local bar associations sponsor guardianship clinics where you can obtain assistance in filling in the appropriate forms. A major concern would be the filing fee and home investigation which runs around $720. If you are unable to pay for these items you can file a fee waiver form on the basis that you lack the funds to pay for these things. A guardianship could last until the child turns 18 and becomes an adult. Another option would be adoption for which you would be better off hiring a lawyer. An adoption permanently ends the parent child relationship so you are likely to engender some opposition. The burden of proof is also higher.

For the guardianship, the process is easier if the parents are agreeable and waive notice of the hearing to confirm the guardianship. If you are unable to locate either the parents or grandparents you will need to prepare and submit proof of due diligence in attempting to locate the family members. The appropriate forms can be obtained from a clinic or online.

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Answered on 7/18/11, 10:42 pm


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