Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
California has a grandparent's rights statute, but that's for a grandparent to request reasonable visitation, not custody. In order to get custody, it would be necessary for the grandparents to bring an action to have the mother's parental rights involuntarily terminated. The grounds for terminating parental rights are:
These cases are complicated, and the courts don't make free forms available for terminating parental rights. If the father's rights are intact, he would be the default person to get custody after the mother's rights were terminated, but you could see reasonable visitation if he didn't agree to let you have custody. It's a good idea to have a local attorney help with this.
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