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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My daughter has granted me the custody of her 3.5yo son in

Resolved Question:

My daughter has granted me the custody of her 3.5yo son in a notarized statement. She has been in a drug rehab facility for over 3m, and can come home for a few hours weekly to visit him. The father (parents are not married) lives in another state and called only once in the last 3m (and only when my daugher sent him an email while for a home visit).
We the grandparents, would like to get legal custody, what do we need to do? This is California.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of the situation.

The notarized statement gives you little in the way of legal rights as regards XXXXX XXXXX

In order to obtain legally recognized custody of your grandchild you will need to petition the court to be appointed the Temporary Legal Guardian of your grandchild. Based on the fact that your daughter will presumably agree to this, and that you have been caring for your grandchild for some time now, it is likely that the court would grant your petition and order that you be the Temporary Legal Guardian until ordered otherwise by the court.

The natural father will have to be served with the petition, but even if he objected, it is unlikely that the court would simply grant him custody---especially in light of his drug use.

A local Family Law attorney can assist you in this process. They will be able to get this done, on average, in 60 to 90 days from the time you first retain them until the final hearing on the matter. If you absolutely must try to do this yourself, while it is possible, it will involve a lot of legwork and research to accomplish. But here is a link to the Petition that may be used with this application:

http://www.courts.ca.gov/documents/gc110.pdf



You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


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I wish you the best in 2013,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and other Family Law Specialists are ready to help you

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