Legal Question in Family Law in California

Yes. No "legal papers" saying who should care for the child would be binding anyway. If he is listed on the birth certificate, he is the legal father (not necessarily so if the child is over ten to 12 years old, but for a 3 year old it is certain he is the legal father even if not biological, a court action to challenge paternity would be required). If there is only one parent living, that parent automatically gets sole legal and physical custody. The only way that can change is by filing a petition to be appointed guardian of the child, and in that court proceeding prove he is unfit to have the child.

A recent 2011 California case concerning custody of a child by a non biological party may be relevant here. If the grandchild has been raised by the grandparents and the child has emotional parenting attachments to her maternal grandparents, then it is possible that the court may allow custody placement with grandparents. Custody placement may be shifting to focus on the child's parenting attachment rather than on the strict biological relationship with a mother or father that played no parenting role in a child's life.

What the other attorneys are referring to is called a guardianship. The grandparents need to get counsel and to file for an immediate, emergency guardianship. Important to have counsel who regularly does guardianships. Good luck!