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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Can I get guardianship of my grandchild in California if the

Customer Question

Can I get guardianship of my grandchild in California if the parents have dropped him off for a visit again not returning phone calls and we are currently homeless in another state and staying with a pedophile
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

To get full guardianship (to terminate parental rights) you will need to get local CPS (child protective services) involved in this case. What you are describing, if the parents are raising the child in a dangerous environment (and that certainly seems to be the case) CPS can engage and take custody of the child to protect the child and then seek placement for the child when the court rules that the parents are a danger to the child.

You can file for visitation with the child with the court. IF you can show that visitation with the child would be in the best interests of the child the court will grant this request. You will want to have a local attorney help you file this with the court

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
we know local cps does would likely do nothing as the grand parents had a heavy case with their other grandchildren and are now guardians of those two children... our question is mostly about the fact thaat the parents are currently out of state and have a history of dropping them off and showing up to pick him up on a whim
Expert:  P. Simmons replied 1 year ago.

I encourage you to apply for visitation. That you can do (with the help of a local attorney) and when you awarded visitation? That provides you legal rights with regard to the child.

But if the goal is full custody? You need to get CPS involved

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Dropping him off and picking it up on a whim with nowhere specific to take him except currently somewhere that sounds very dangerous and they're ready to move to file temporary guardianship
Expert:  P. Simmons replied 1 year ago.

Understand...again, now would be a very good time to apply for visitation rights. A local attorney can help with this

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
not true, they can file for temporary guardianship tomorrow, what we want to know is whether the parents currently being in another state will interfere with the judge signing the temporary documents. The child has spent his whole life in California he is currently in the grandparents house and the parents are homeless in Washington
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is***** am another expert on the forum, your prior expert "opted out" this sometimes happens.

I am sorry to learn about this unfortunate situation.

If I understand the matter correctly:

  • One set of grandparents currently lives in CA, has physical custody of the grandchild, as well as 2 other grandchildren, and may be planning on filing a guardianship application
  • Another set of grandparents currently lives outside of CA, are homeless, do not have physical custody of the grandchild, is residing with a sex offender with a child molest history, and is interested in obtaining custody/guardianship.
  • The child's parents are currently believed to be in WA state, but are also homeless, and appear to be providing an unstable environment for the child.

Your post asks 2 different questions:

  1. Can the first set of grandparent's file for a temporary guardianship, and how quickly?
    • This is more of a confirmation of your statement above rather than an answer - they can file a guardianship petition for a temporary guardianship "same day" and can apply for a permanent guardianship as well. (Based on what you are posting, they may receive this, but I cannot tell you this for certain on a "Q&A" forum, this is a fact specific analysis that is beyond the scope of what we have here, but based only on what you posted, I would speculate they have a pretty strong claim).
    • You are however entitled to notice of any such proceeding, and you have a right to object to, and have input into, any such proceeding. It is important to ensure that you constantly update your address with all other parties and the court if you are moving frequently.
  2. Can the second set of grandparents (the ones living in the other state with the other complications) get a guardianship?
    • Technically - yes
    • Realistically - no
    • You do not need to be a resident of CA to have a guardianship over a CA juvenile. You also do not have to have physical custody of the minor in order to be the guardian (living with a sex offender will preclude this set of grandparents from having custody of the minor). Being homeless will militate against this set of grandparents being named as the guardians of the child (they are not showing the requisite financial security and stability necessary to provide either the financial support or legal support necessary to assist the child (the child requires a guardian because his parents are homeless and out of state and keep placing them with others, you cannot replace this with two guardians who are homeless, out of state, and keep placing the child with others).

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