Legal Question in Family Law in California
My Mother takes care of my 10 year old niece and has been for the last six years. He has a stable life with a room, clothes, good food, love, school, pets and friends. My Brother (my nieces father) has been in a mental hospital for violent offenders after my mothers attempted murder. He is still in contact with the Childs mother and with my mother. The child's Mother is homeless and has been threatening and violent the entire time we have known her. My Mom has done her best to cooperate with the Mother on the rare visitations - once or twice a year however she will randomly take the child and keep her as long as she wants to show control (usually a week or two). They sleep in a van, the child is left with strange men, and she smokes marijuana in front of her. It is devastatingly scary. She threatens to hurt my mom and take the child back to her country of birth (Belize). I believe she is receiving illegal benefits for the child and has bullied my mother into caring for her daughter out of her own pocket without seeking any legal rights. Recently her mom took her without telling us, I had to go find her and return her home and speak with the police. Now she saying she is terrified of her mother and told us she refuses to see her ever again because she was told she was never going home (amongs other reasons). I am at a loss as where to start, who to go to or what to do. Any advice appreciated.
1 Answer from Attorneys
Your mother should seek emergency guardianship orders and personal protection orders.
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