Legal Question in Family Law in California

temporary custody for grandparents

Our daughter was divorced in Nov. They are both in the military. One 2year old. They have joint custody. She have us custody by was of Special Power of Attorney. She going to sea and wants baby to stay with us until she comes back in about 8 months. The child came to live with us in Oct. Now the father wants the child to come back to live with him. He has been unstable with DUI and moving and living with different women. Now has a girlfriend he is living with and wants her back. Our daughter goes to sea in one week. What rights do we have, if any? She would be put in daycare all day if she goes. We live in Idaho, he is in the Navy in California. Can you give any insight what we might be able to do? We would just like to keep her until her mother comes back from being deployed. Does she have the right to say where the child should stay? He wants to come here to come get her. Any advice would be greatly appreciated. Thank you. M in Idaho


Asked on 1/07/03, 1:43 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: temporary custody for grandparents

Parents have a fundamental right to parent their children, and therefore, if he were to bring a motion in the court that made the original custody order, he could probably obtain physical custody of the child until your daughter returns. You would need to prove (essentially) that he is unfit to have physical custody. Good Luck, Pat McCrary

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Answered on 1/07/03, 10:45 am


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