Legal Question in Family Law in California
Primary Custodial Parent Making child babysit
The judge awarded custody of my niece's children to the father,living w/ his parents. The father's mother is raising the children. Recently the father's step-brother moved into the household w/ his 2 children. My nieces 2 boys share a bedroom w/their dad in grandma's home. Step-brother makes my niece's 11 year old babysit his 4 year and 8 year old kids & it's affecting my niece's son's school work-grades dropping 'cos he can't sleep, can't take bath every day - too many people in household. 3 families living in a one family house w/ 2 bedrooms, and back room converted to 3rd quasi-bedroom - one of the children in the household, 4 year old sleeps in hallway w/child gates forming a ''room'' to sleep. Is there anyway, my niece can petition to get children back, w/ this environment in the household. She called child services &they said as long as children are fed&have roof over their head - it's OK. They said it's OK for 11 year old to babysit even if he doesn't want to. His childhood is being taken away. He wants to live w/ his mom who has a more stable enviroment. She is remarried & has 2 children w/ her new husband & wants to bring all her boys together.
1 Answer from Attorneys
Re: Primary Custodial Parent Making child babysit
She would have to file a motion to change custody. She would have to show that there was a change in circumstances and that it was in the best interests of the children for custody to be changed.
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