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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116827
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am unfortunately trying to help my sister-in-law who has

Customer Question

Customer: I am unfortunately trying to help my sister-in-law who has no funds. She is on disability, has raised her granddaughter in her home since birth. The child's mother is dead & my sister-in-law was granted Emergency Custody. She was helped with Kinship Center of Monterey, CA. The other grandmother is suing for joint custody. I am trying to help her find legal support of some type due to her budget problem. Do you know of any organization she might go to for assistance?
JA: Thanks. Can you give me any more details about your issue?
Customer: Well, the other grandmother is 70 has heart problems, took her 10 minutes to get to the witness stand in court. The child is 6 yrs old. The mother was bi-polar, manic depressive. The father was a habitual criminal & they were both killed by police approx. 2 mths ago. Father had served time in prison 2x to my knowledge. They both had several outstanding warrants. That is why they were approached. (I have never had any legal issues & have mostly lived my own life with my now 84 yr old husband of 35 yrs.) My sister-in-law has been on disability for maybe 20+ yrs. She has an In-Home Support person that helps her with her daily living a few hrs most days. She is not crippled & does not use a walker.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Family Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Of course. As mentioned, the child has lived in her home since birth. The other grandmother has always enjoyed free visitation rights by mutual agreement. Since the parent's demises, things have been understandably difficult but they are still speaking if only briefly.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Additionally, do you think if my husband & myself had a well known retired judge phone the grandmother seeking joint custody & have a brief conversation, do you think that may help end further court action? They have a court date of 12/30/2015 in Superior Court in Monterey, CA. The child didn't want to see the other grandmother when the 2 parents were killed. She is ok with the idea now, but has had birthday parties & other events. I suspect there has been some animosity as far as visitations are concerned now.
Expert:  Law Educator, Esq. replied 1 year 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.
If you are fit to care for the child, then you can apply to the court for joint custody and you can prove your fitness and you could also attack the sister in law's fitness. Having a retired judge call her and try to convince her that it is much more economical for her to make an agreement with you would likely help to end court action and do what is best for the child, which would be let the child spend time with both sides.
I am sure the judge will try to explain to her that the child would be best having a relationship with both families and will work to convince her that is what the court will do anyhow and if she really loves the child she should do that without the court ordering it.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

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