Legal Question in Family Law in California
My sister has 2 daughters, from different fathers, both fathers live in Utah, somewhere and have zero involvement with their kids (by their own choice).
My sister lives in California, with my mother. Since the birth of her second daughter my mother and stepdad have been almost the sole providers for the 2 little girls. They and my sister currently live with them. The girls are happy and well adjusted, but their mother is a basket case. The home provided by their grandparents is spacious, clean, well maintained and the girls have everything they need and more (provided by my mom and stepdad)
The girls mother was just arrested for felony possession of a controlled substance. She is now in jail awaiting trial. What is the status of the 2 little girls? Do their grandparents retain defacto custody based on the fact that they, while not having legal custody, are the childrens sole providers?
What steps should the girls grandmother take to ensure they remain in her custody while their mother serves her sentence, whatever it may be?
Neither my mother nor stepdad have a criminal record, they have a good income, own a nice home in a good neighborhood and take really good care of the girls needs. Is that enough for them to maintain physical custody, or do they need to take legal steps?
1 Answer from Attorneys
The grandparents should file for guardianship of the children. This will give them the power to make decisions for the children while the mom is in jail and it also would require the mom to have to go to court to terminate the guardianship if grandparents don't want to give up guardianship. Good Luck.
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