How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114797
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am grandmother my granddaughter was left in my care 21/2

Customer Question

I am grandmother my granddaughter was left in my care 21/2 years ago and the is not in a position to properly care for the child and I'm afraid of mother coming in my home and taking her out of the state. What form can I download that will enable me to petiole Judge that will grant me emergency temporary temporary custody or guardianship and will keep the child from being removed from this state. The biological father is unable also to care for the child and wants the child to remain in my home where she is thriving and doesn't want her to be taken out of state without his permission. Father is willing to sign his rights over to me
Submitted: 7 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to file a petition for guardianship of a minor with the probate court in the city where you are located. Here are the form links and also the detailed instructions for you to follow to get the court to approve the guardianship, http://www.courts.ca.gov/1214.htm
You file with the court, but you also have to serve the mother I am afraid and she can object. If she does object you can argue abandonment and that she is not fit to have the child to get the court to deny her objection.
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
Can father do something to keep this child in state and in my home
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
The father can get a court order of custody from the court and then give you permission to keep the child in your home, but that would be through the father's rights.
Customer: replied 7 months ago.
If father because of abuse and drug past would be unable to get custody can he petition judge to keep child in state because mother lives out of state and has no home for herself and he he do this while I petition for guardianship
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
So, you would have to petition for guardianship as I said above and leave the father out of it. If both he and the mother are unfit, which you can prove by what you said above, then the court would have to award you guardianship.
Customer: replied 7 months ago.
My granddaughter has been living with me for 21/2 years now what time length can tell judge abandonment and can petition courts for guardianship
Customer: replied 7 months ago.
There are several guardianship forms to down load which guardianship form is the best one for my situation so I download and print out the right please
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
After 1 year of no contact and interest, there is a claim for abandonment.
Look at GC 505, it will instruct you on which forms to use, but it will be the GC 210, GC 210P, GC 210 CA, GC 211 and GC 212. If you need legal representation or assistance, legal aid would generally help you as well and may even agree to represent you based on your need.
Customer: replied 7 months ago.
Thank you
You said 1 year no contact but mother does call and visit once a year for last 21/2 years but I feel mother still has drug issues and is not fit at the present time to care for child and father wants me to be guardian and doesn't want child removed from home can I still claim abandonment and still petition courts to appoint me as guardian
Customer: replied 7 months ago.
Please tell me what do I need for father to fill out to keep child from being removed from state of Ca
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
You can still claim abandonment, yes. One time in the last 2.5 years is still parental disinterest as well.
He needs to fill out that parental affidavit that is part of the packet of forms above. If you get court guardianship you would be able to stop the child from being removed from the state.
Customer: replied 7 months ago.
One last question if I'm given court appointed guardianship could the mother still come into my and take the child and leave state with child
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
No, the only way for the mother to try to come back and get custody is she would have to file in court and then prove she is fit to have the child.

Related Family Law Questions