Legal Question in Family Law in California

Hi heres my question:

I have a son whos Mom passed away a few months ago.

She was ill and during her llness both her and my son lived

with her Dad. had We were never

married and joint custudy of our son.

After she passed away I had let it be known that I wanted custudy of my son

and was met by negitive feedback from her Dad.

My son currently lives with his Grandpa(her Dad).

My question is do I have to file something to get custudy of my son?

or can I just go and pick him up?

Im trying to make this as easy as possible on my son and I dont want

a long drawn out court thing and no law enforcement present.

However I do want it handled in a lawful manner.

Any advice would be appriciated.

THANKS


Asked on 8/08/12, 4:33 pm

1 Answer from Attorneys

The grandfather has no legal right to your son of any kind, absent an adoption or guardianship. There is nothing you have to do other than go pick up your son. If you anticipate push-back, it may be a good idea to call the police and notify them of the situation and when you will be picking up your son, and ask for a "civil standby." The police will then stay out of the picture but nearby while you pick up your son, in case anything escalates.

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Answered on 8/08/12, 4:40 pm


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