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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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When a biological father (my nephew, out of prison for the

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When a biological father (my nephew, out of prison for the second time 4 years ago) who now wants legal custody of his two children 13 and 15 because he wants to move out of state with them (because of his live in girlfriend wants to be with her family) the 15 year old does not want to live with him any longer, nor does she want to live with her birth mother who has custody of them, but is not able to take care of them.
My questions...
Will they be heard in court???
Court date is Oct 11th in Hemet.
My husband and I, along with their grandfather have supported the children with clothing all year every year for school, paid all dental bills even when we received custody of them when they were in foster care. Paid for all school activities. While he now spends his money on the man cave, motorcycle, two pit bulls, beer, stereo system.
What can we do to be sure that what happens to them is the best for them???
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. With whom are the children currently living?
2. Have you filed a petition for custody?

Customer: replied 3 years ago.

Living with the father.

The father has filed for custody.

How long have the children been living with the father?

Have you filed a petition in the custody proceeding for third party custody?
Customer: replied 3 years ago.

4 -5 years


Thank you for your information.

Since the children have been living with the father for the past 4 to 5 years and there is no adult relative opposing his petition, the court would likely grant his request.

In order for the judge to consider the children's wishes, there must be an alternative custody arrangement before the court. You or the grandfather may want to consider petitioning the court for third-party custody of the children. This would give the court an alternative arrangement.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Ellen and 4 other Family Law Specialists are ready to help you

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