Legal Question in Family Law in California

My Nephew ...

I have notarized papers that state I

have custody of my nephew. His

mother is a heavy drug user as are

the rest of my family. My family is

now trying to get me to return the

child to his mother or grandmother

(both of whom are homeless cocaine

users). The child has made amazing

progress in my care over the last two

years and I have no desire to return

him to that situation. I have not

heard from his mother (in over a

year). My family collects well fare on

the child, they have for the last two

years, I have never asked for a

penny from any of them for him, if

he is returned to that situation I am

afraid for his safety and well fare. If

returned he (as most children I grew

up around) will likely end up in foster

care. What do I do? As the mother

has not contacted me should I ignore

my family? I want him to be safe.


Asked on 7/07/09, 4:07 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My Nephew ...

You should file a petition for to be appointed the child's guardian. You should also obtain a temporary guardianship pending a hearing and a permanent guardianship order. This will protect both you and the child. Neither his mother or other family member can come and remove him from your custody without a court order.

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Answered on 7/11/09, 2:02 pm


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