Legal Question in Family Law in California

Re: How do my parents and I get custody of my brothers child?

You have a couple of options;

1. You can call Child Protective services, have the child "removed" from the parent's home and then "placed" with you. The County will first look to family members to place the child, but there is no guarantee. It is possible for the County to place the child in a foster home. Additionally, you should know if you pick this avenue, the County will be in your lives for a long time and you will have frequent court dates to go to. For many people, this is not a very attractive offer.

2. You can apply to adopt the child. If both parents consent then it will be easy, but if either one objects, there will be alot of court time and you may be facing an uphill battle. If you want to consider this option, you should look into hiring an attorney.

3. You can petition the court to be named the child's legal guardian. This is different from adoption, the child is not legally yours, but you will become legally responsible for the child until either parent straightens out his/her life and petitions the court to end the guardianship. Again, if you are thinking about this avenue, you should look into hiring an attorney.

If you would like to discuss your options in greater detail, please free feel to give me a call, I would be happy to discuss the matter with you.

Michael D. Burt

(213)384-2220

Re: How do my parents and I get custody of my brothers child?

If the grandparents are the custodial adults to the child or are the guardians, then they can permit you to provide for the child. There are documents available to you in order to cover your legal bases for this. You might also want to check with the child services dept. in the county where your parents live.

Good luck to you,

Sincerely-Martin

Re: How do my parents and I get custody of my brothers child?

You can petition for probate court for temporary guardianship.