Legal Question in Family Law in California

Legal Gaurdianship of Minor Grand-Child

After caring and raising my 3 yr old grand-daughter, While my natural daughter was in jail for a year, My daughter now wants to take minor g-child and move away with her new , married, on parole, boyfriend of 2-months. He dosen't work and i'm sure their game plan is to live off A.F.D.C. which they would get because of the minor child. No custody of the child has been astablished. I myself was recieving welfare because i have accute asthma. This child and I are bonded.Do I stand any chance of gaining custody? Both mother and boyfriend are felons. Thank You .


Asked on 11/26/02, 4:01 am

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Legal Gaurdianship of Minor Grand-Child

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Although preference is usually given to the natural parent(s), under the circumstances you have described I would say you do have a CHANCE to be awarded custody of the child.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 11/26/02, 12:32 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Legal Gaurdianship of Minor Grand-Child

Not unless the state can step in under Welfare and Institutions code 300 which outlines a number of scenarios where the state can take a child from a parent when the child's wefare is at risk. Then the state-its actually a division of the county govt-can act and will place the child with a relative or foster parent. I suggest you read the statute and any related materials to gain a better understanding. Feel free to contact me with any questions-Martin.

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Answered on 11/26/02, 12:34 pm


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