Legal Question in Family Law in California
Have had niece and nephew off & on for years now father wants them back.
Children are ages 8 & 9 years. Their parents aren't together,both do drugs and aren't responsible.They gave us temporary custody.They aren't together any more and the father has a newe girlfrines who has three kids of her own. She is trying to persuade him into taking the kids back for the welfare money. He is still on drugs and has recently been in a violent fight with his girlfriend. We just don't want the kids to be in that environment. But we are afraid that we don't have a say in it. We just need to know where we stand, please help.
3 Answers from Attorneys
Re: Have had niece and nephew off & on for years now father wants them back.
The children are at least fortunate in that they have you to look out for their best interests. Obviously, drug-using violent people are not the type of people who should have custody of young children. You did not indicate which part of the State you are located in, however, I would strongly recommend that you file for guardianship of the children and go immediately for temporary guardianship letters pending the county investigation and court hearings. At least that way, neither of the so-called parents can come and remove the children. I strongly advise that you contact an experienced attorney as soon as possible. Good luck to you and the children!
Reply: Have had niece and nephew off & on for years now father wants them back.
In order to have legal standing, you need to seek a guardianship of the children, which will give you the legal right to make decisions on their behalf.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Have had niece and nephew off & on for years now father wants them back.
Unless the court has given you rights, you need counsel to help. These are complicated matters and the parents have control unless matters are handled properly.
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