Legal Question in Family Law in California
Concerned Grandmother
My daughter, and the father of her 2 year old daughter have both filed for primary custody of the child as they are no longer together. If by chance both parents are found to be unable to recieve custody of the child, do I, as the maternal grandmother, have any legal rights to become the childs custodial guardian in their stead ?
2 Answers from Attorneys
Re: Concerned Grandmother
Yes, you do. Grandparent rights to custody trump those of other non-relatives, but, beware, if the court thinks that you are seeking custody as a ruse to just give custody back to a parent behind the court's back, the court will put the children in foster care, and you will never see them again. If you think both parents are not fit, then I am curious why you have not already filed for guardianship. You should file before the court puts the children in foster care, because then it will be too late.
Re: Concerned Grandmother
Yes indeed! Not as a matter of grandparents rights (which really do not exist) but for the sake of the child. The Child Protective Services will be looking high and low for someone to take care of that child. You should call them immediately and let them know you are ready and waiting to take the child if the parents are deemed unfit and you should kiss a** like you never have before. Don't be pushy, o no, not ever pushy! But let them know they are welcome in your home and personal records to their hearts content if they are looking for an alternative. Rots of Ruck! www.monamontgomery.com
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