Legal Question in Family Law in California

My X-girlfriend recently passed away due to a massive heart attack one month ago. I have two kids with her and a good relationship with them as well. I have talked to the nina about them staying with her because she has played a crucial role over the past 5 years of there lives, It is in our best interest that the kids grow up with them and still have a relationship with there father. the question is I havent really legally talked over the situation or signed any papers. I do not want to sign them over I pay my child support and if there was any reason that they could not hold that responsibility I would take them, but i live far from there immediate family. Is there a document i must file to let the courts know that I am not signing them over to them and im still the legal father? I am lost and dont know if Its going to be to late to do anything and the courts say "were sorry, you have know more rights because you did not file" what do i do? how do i go about this?


Asked on 6/25/11, 6:27 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

If you're paying child support paternity is already established. The grandmother can seek a guardianship of the children if you don't assume the responsibility and grant you visitation. The courts look out for the children's best interest not the parents.

Either you want to care for them or you don't and the courts will make that decision as to what rights you should have. Signing a paper doesn't necessarily control in child custody cases.

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Answered on 6/25/11, 11:48 pm


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