Legal Question in Family Law in California
Non-parental custody/guardianship
Hello,
My husband's brother died about 18 months ago. Since then, his 4 year old son has lived with us for 12 out of the 18 months. His 7 year old daughter has now been living with us for 4 months. Their mom has not supported them in any way during this time. She has been 700 miles away and called less than 6 times during this period. She has been in trouble for bad checks, drunk driving, etc. She has no place to live and no job. When the children were with her, they were left numerous places with many different people. What hopes do we have of gaining guardianship of them? Also, what about the Social Security she has been receiving all these months for the children, with no children to support? And, can we legally claim the boy on our taxes as he has lived with us continually since March with no support from mom? Thanks for any help you can give.
2 Answers from Attorneys
Re: Non-parental custody/guardianship
You should consider filing a petition for temporary guardianship. That will give you the authority to make decisions for the children and keep mom from picking them up. Prompt action is necessary to protect the children.
Re: Non-parental custody/guardianship
Under the circumstances, you probably will want to look into applying for guardianship of your niece and nephew. There are two types of guardianships, one of the person, and one of the estate. It sounds like you want both types of guardianships for both children. How long and difficult the process will become really depends on the mother and how much of a fight she will put up. I recommend talking one on one with an attorney regarding your situation and what you can do. I would be happy to talk with you if you wish.
Michael Burt
(213) 384-2220
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