Legal Question in Family Law in California

Relative Seeking Custody of Child

What process would a relative seeking custody of a child need to go through if a child's parent dies and the child already lives with them.


Asked on 1/09/01, 2:49 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Relative Seeking Custody of Child

The two preceding replies are good advice, if you get into a fight however, please consult an attorney in your area.

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Answered on 1/13/01, 3:34 pm
John A. Giffen Law Offices of John A. Giffen

Re: Relative Seeking Custody of Child

You might want to consider adopting the child. Did the custodial parent live with you, what relationship is the child to you. Did you have custody of the child prior to the death of the childs parent. Where is the other parent. If the dead parent is the mother was the father on the birthcertificate, were they married? did the father ever have the child in his home, did he pay support. As a direct relative you would probably have a good chance of adopting the child if the other parent didnt object or is not known. Custody would only give you rights to control the child and would not give you parental rights. Call me at 1 800 955-9504 if you would like a personal consultation or email me

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Answered on 1/12/01, 1:14 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Relative Seeking Custody of Child

You would file a petition for custody in the Superior Court. If both parents are dead you'd probably have a pretty good chance of getting it granted. If only one parents died he will need the permission of the surviving parent.

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Answered on 1/12/01, 4:31 am


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