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AttorneyKaren, Family Law Attorney
Category: Family Law
Satisfied Customers: 371
Experience:  Over 14 years as a Family Law Attorney; Temporary Judge Award (2008)
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We have been caring for our grandson for 4 yrs now with no

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We have been caring for our grandson for 4 yrs now with no legal papers. The father has not seen his son since he was 5mos old (his choice) and has signed over legal and physical custody to the mother- who is in and out of rehab and NOT a mother. She is willing to sign over guardianship to us, but I don't know if that is sufficient. Does the Father need to sign off parental rights too? Calif. is where we reside. The bio father is out of state.
Submitted: 7 years ago.
Category: Family Law
Expert:  AttorneyKaren replied 7 years ago.
I am an attorney in CA, and in order to do this legally, you have to give the father notice. If he consents, he signs a consent form. If he does not, then the court will make you give him proper notice to object. Even if he objects, the investigator will see that he has been out of your grandson's life already for 4 years--since he was 5 months old. The courts look at the best interests of the child, and they would not want to take your child from his stable household with you and his routine.
Most courts in CA have free legal clinics in the courthouse to help individuals filing for guardianships. I would either call or go down to your local courthouse to see if they have one. If they do, I would arrive early, and then have them help you with the proper paperwork,
Good Luck--
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