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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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can my kids be taken

Customer Question

my ex husband died his mother faught for custody of my kids in utah and lost now we are in california and she wants to try to fight here. can she do this and will she win?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
In California the grandparent can file a petition for custody of their grandchild. However, the grandparent bears the burden to demonstrate why it would be in the children's best interests to be placed with her over the mother. Absent a showing of abuse, neglect or exposure to a risk of harm, the judge will find that it is in the best interest for the children to be with their mother, not their grandparent.

Now the court would be more inclined to give her visitation only if there was a relationship between grandparent and child, but this will only be awarded if she can demonstrate that the children will benefit from her relationship. But this does not extend to outright custody without showing that there are circumstances concerning the children's best interests.

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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator and 2 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
Reply toCustomers Post: even though she just lost her case in the state of utah a month ago?
Expert:  Attorney & Mediator replied 9 years ago.
California is a different jurisdiction, so different law. However the fact that she lost in Utah is persuasive to show that she has no grounds to show just cause.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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