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My son is 27 his girlfriend died he has his seven-year-old…

Customer Question
My son is 27...

My son is 27 his girlfriend died he has his seven-year-old son but the boyfriend is trying to get custody so he needs a lawyer we live in Clearlake California so we need a referral thank you

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My son has his son with him and is sending them to school and and taking care of him but the boyfriend has filed a petition for appointment of guardianship and there's a court date on the 20th

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

California

Submitted: 5 months ago.Category: Family Law
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Answered in 5 minutes by:
11/7/2017
Family Lawyer: Gerald-Esquire, Lawyer replied 5 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,113
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Family Lawyer: Gerald-Esquire, Lawyer replied 5 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Generally, the Courts disfavor non-parental guardians, BUT it can occur. This can get complicated so it is recommended that he obtain local counsel to assist him. Please do take this seriously.

California Family Code 3041 provides for Custody Award to non parent when certain factors are met. The law states that custody may be granted to a person that is not a parent of minor if the court makes a finding that leaving the minor in the custody of the parent would be detrimental, and placing custody with the non-parent is in the best interest of the child. Subsection (c), defines detriment as anything that would have a harmful effect on the child as a result of removing the minor from the care, custody and control of a person that has assumed the “day-to-day” functions of the parent (physical, financial, psychological). Notice that the statute does not make any reference to guardianship, only custody.

Additionally, California Probate Code 1516.5 allows a guardian to retain permanent guardianship and adoptive rights over a minor, once a two-year requisite is met. Subsection (a), states that a proceeding to have the minor removed from care, custody and control of the parents requires: (1) That neither parent have legal custody of the minor; (2) The child resided within the physical custody of the guardian for a period of at least two-years; (3) The child would benefit from being adopted by the guardian, utilize such factors as: (A) The relationship between the minor and the parent; (B) The Relationship between the minor and the guardian; (C) The relationship between the minor and siblings. Notice that Section 1516.5 removes all parental rights from the parents, without mentioning the nature of how the guardian initially achieved custody of the minor.

An experienced family law attorney should be able to help him. He can find a local family law attorney here:

http://lawyers.findlaw.com/lawyer/practicestate/family-law/california

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Family Lawyer: Gerald-Esquire, Lawyer replied 5 months ago

Also take a look at this link. It has detailed information on this process:

http://www.courts.ca.gov/selfhelp-guardianship.htm

Good luck.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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