Legal Question in Family Law in California
If no one is legal guardian of child, and mother wants it back
The mother left the child when she was young with her aunt and grandmother. Now, the mother wants the child back. The child is now 15 years of age. Can the mother take the child back legally, or can the child decide who she wants to stay with?
2 Answers from Attorneys
Re: If no one is legal guardian of child, and mother wants it back
Yes. Let the mother and child reunion be only a moment away.
Re: If no one is legal guardian of child, and mother wants it back
If the child wishes to remain with the grandmother and aunt then a petition the court to be appointed as the child's guardian. Or if there is a family law case pending then file a motion to be joined into that case. Family code section 4020 and following code sections have simplified the process for a non paren to obtain custody of a child. Act quickly before mom takes action and gets a custody of the the child.
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