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 .
2 Answers from Attorneys
Re: Legal Gaurdianship of Minor Grand-Child
Dear Inquirer:
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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.
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.