Legal Question in Family Law in California

My sister passed away 4 years ago and her husband gave me their daughter who is now 16 years old to care for and has been living with me and my family ever since. Every year my nieces father claims my niece on his taxes and doesn't give my niece anything. My niece has only heard from her father probably 10 times over the last four years and he is now calling saying that he wants my husband to go to the school and change the name of the guardian to his name to show proof that he has my niece with her. My question is if I take him to court can I get guardianship of my niece because he basically abandoned her since my sister passed away. What can I do?


Asked on 1/19/13, 3:19 pm

1 Answer from Attorneys

There are no guarantees in an involuntary termination of parental rights case, but the scenario you describe is the sort of case in which it might be possible. You would need to file two parallel proceedings - one to terminate parental rights for abandonment and one for guardianship or even adoption.

Read more
Answered on 1/21/13, 11:33 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California