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I would like custody of my grandchildren, I'm not sure if…

Customer Question
I would like custody...

I would like custody of my grandchildren, I'm not sure if they are truly considering me because they keep pressuring the current guardian to adopt them, even though there is no TPR. I need help.

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

California

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

Only concerning my daughters situation

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

I dont know what they need to know

Submitted: 1 month ago.Category: Family Law
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Answered in 8 hours by:
3/10/2018
Family Lawyer: Attorney Wendy, Lawyer replied 1 month ago
Attorney Wendy
Category: Family Law
Satisfied Customers: 481
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am currently working on a response to your question and should have that response to you shortly.

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Family Lawyer: Attorney Wendy, Lawyer replied 1 month ago

Without a termination of parental rights legally severing the tie between the children and their mother/your daughter (which would also legally sever the ties with you), an adoption cannot take place. I am assuming if adoption by the guardian (I assume you are referring to the legal guardian) is being considered or advocated for that the children are currently being cared for by that person or people and that they have been removed from their biological parent or parents home. Under federal and state law, when children are removed by social services, known relatives must be contacted and considered as placement for the child. As the grandparent of these children, that means you should have (if you were not) been contacted and considered as placement - a safe place for the children to reside and be cared for while the children's parents are provided the opportunity to attempt to cure whatever situation caused the removal of the children in the first place. If you have not yet been considered to care for the children, I would make a formal request via letter stating your willingness to step in and that you expect them, in accordance with the law, to consider you. Indeed, relatives are to be given preferential treatment as possible custodians under California Welfare and Institutions Code WIC Section 361.3. The factors the county social worker is to consider include the best interests of the children, the parents' wishes, placement of siblings together (unless such placement would be unsafe for some reason - one child is a threat to the other), the good moral character of the relative including any history of violence or child abuse or neglect, the nature of your relationship with the children (do they know you; have you spent time together), and your ability to provide a safe, stable home where all the child's needs are met, you can control the child/children and protect them from the risks posed to them by their parents (the reason they were removed from the parent), your ability to facilitate any visitation with other relatives and your ability to comply with and help with any case plan that has been adopted to try to reunify the children with their parents or otherwise find a permanent solution for them. I am providing this list of considerations to prepare you for what the agency will be looking at if they consider you for placement and ultimate custody. Outside the social services situation, assuming their is one since you mentioned TPR and a guardian, you can also look into filing a separate action for custody, but that can be costly and difficult as a grandparent outside the procedures in a social services case. I hope this is helpful.

If you need additional help, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action has been proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Attorney Wendy, Lawyer
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