Legal Question in Family Law in California

nonparent child custody

My sister and her husband have a 3 year old daughter, my niece. They are planning on leaving to Arkansas from California and uprooting her from my parents house. They are both UNFIT parents. When my niece was living with my sister and her husband, she would not eat anything but chocolate milk in a bottle (because that is all she was given), did not speak many words, and was very aggressive due to the type of movies she watched. Also, my sister has been diagnosed with bipolar/depression that has gone untreated. Her husband has another child who he can barely send child support payments to. He has no custody of her because he said a man can't fight against the mother. He was in a car accident and got a DUI for it. They came to live with us in Los Angeles and left my niece with my grandparents in Fresno. Since then, her husband has had one job and quit. My niece, however, has flourished. She is eating her meals, speaking English and Spanish, watching PBS, singing songs, not hitting anyone, and just being a well-rounded 3 year old. My question is the following: Is there ANY way we can get temporary or permanent custody of our niece?? Please help us with any advice you can. She is planning on leaving on Sept. 5th or 6th. Thank you.


Asked on 9/01/07, 2:13 am

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

Re: nonparent child custody

Your parents should apply for guardianship and request a temporary guardianship. If your niece has been living with them for a lengthy period of time they may have an excellent chance of obtaining the guardianship. They should retain an attorney to help with this process.

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Answered on 9/16/07, 6:09 pm


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