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IF A MOTHER IS NOT TAKING CARE OF HER SON CAN THE

Customer Question
GRANDPARENTS JA: Family law varies by...
IF A MOTHER IS NOT TAKING CARE OF HER SON CAN THE GRANDPARENTS
JA: Family law varies by state. What state are you in?
Customer: CALIFORNIA
JA: Have you talked to a laywer yet?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: GREAT GRANDMOTHER IS 91 AND GRANDFATHER IS 72 DOING A GREAT JOG CAN THEY GET CUSTODY OF AN 8 YR OLD CHILD IF MOTHER IS NOT DOING HER JOB THEY ARE DOING ALL THE WORK
Submitted: 1 year ago.Category: Family Law
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Answered in 7 minutes by:
9/16/2016
Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,005
Experience: Attorney with experience in family law.
Verified

Hi,

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:

  1. that the parent is that the parent is willfully refusing to care for/support the child or to communicate with the child.
  2. abandonment.
  3. the parent has substance abuse problems,
  4. the parent is abusive/neglectful, or
  5. the parent is otherwise unfit to raise the child.

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.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago

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Lucy, Esq.
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Category: Family Law
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Experience: Attorney with experience in family law.

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