Legal Question in Family Law in California

My sister is mentally disabled and lost her first for child endangerment, our mother has him and he is now nine years old. This same sister had another baby on June 22 and do to what happen with her first child she now has an open CPS case. To make a long story short my sister does not have a home ( she's bouncing from house to house) she has the baby outside all hours of the night in just a receiving blanket and she does not have money to buy anything for the baby. My mom and I both try to help her with the baby but there's no helping someone who does not want the help. I have spoken to her time and time again but she sees me as the bad guy. My mom has been struggling to help provide for the baby and I want to try to get custody of her baby. The father is with my sister and he also is mentally disabled and is willing to sign the baby over to me but my sister is not. What can or should I do to get custody of her baby?


Asked on 7/21/14, 3:04 pm

2 Answers from Attorneys

You will have to go through CPS.

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Answered on 7/21/14, 3:29 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Nothing precludes you from filing an emergency guardianship request with the court. You should provide copies of your request to CPS and( of course )serve them upon the bio mother and father.

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Answered on 7/21/14, 3:49 pm


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