Legal Question in Family Law in California
As guardian of my deceased daughters child with Cerebral Palsy, the living paren
My daughter died in 2000,leaving me in charge of her son, who was diagnosed with spastic cerebral palsy, bronchitis and asthma.He has gone thru many surgeries, and many hours of therapy,barely seeing his father the whole time. Four years later, his father wants to take him to live out of state. He doesn't know anything about the child other than what I tell him, he doesn't talk to the doctors or teachers about his son's condition. All his life the child has only known me and my other daughter's family (who also cares for him). We are concerned that the child will not be cared for properly due to the lack of knowlege that his father has about his condition, treatments and his youthful immituraty. My daughter and her husband are like parents to him, and would like to provide a stable home for him. However we know that his father would not allow it. We are all this boy knows as family,and want what is best for him. My daughter has worked with his therapists, been with him through his many surgeries,and is good with him.He knows her as Mom and her husband as daddy. She and her husband genually love him like their own. Is there any way that we can fight his father in court, and win custody of him? What can we do in this situation?
2 Answers from Attorneys
Re: As guardian of my deceased daughters child with Cerebral Palsy, the living p
The internet is not going to get these matters resolved for you or the chile. Contact competent counsel, ours as many, provide initial consult without charge up to half hour. Need to take action. If you are legal guardian, should have say. Mom might also. Need more info.
Re: As guardian of my deceased daughters child with Cerebral Palsy, the living p
Family code section 3041 provides the preferences for placing a child. The first choice is a parent. However, it now provides that an individual who has acted a the parent of the child for a substantial period of time have be given custody of theh child without proving that the paren or parents are unfit. this is a fairly recent provision, and there is little if any appellate court explanation of the meaning. Because of the complexity of this matter you need to retain an experienced attorney. attempting to do this yourself is very risky.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
