Legal Question in Family Law in California

Paperwork Needed To Start Proceedings

My step-son's mother has been arrested. She was arrested in a hotel room with heroine and syringes while her kids were in her care. My husband and I would like to try and gain custody of him. What paperwork do we need to fill out?


Asked on 10/04/02, 1:40 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Paperwork Needed To Start Proceedings

Unless she cooperates by signing guardianship and custody papers, you would need to file a petition to modify custody with the family court.

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Answered on 10/04/02, 4:28 pm
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Paperwork Needed To Start Proceedings

The answer will depend upon the language in the final judgment of dissolution, assuming that the childs mother and father were divorced. If so, you will need to file an OSC for modification of custody.

If there was no divorce because the parents of the child were never married, then you will need to file a petition for full custody and a request to terminate the mothers rights if that is what you want.

I will be happy to discuss this with you further.

Hollie A. Lemkin, Esq.

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Answered on 10/04/02, 4:32 pm


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