Legal Question in Family Law in California

My friend is a single parent with 2 children (ages 2 and 6). The father is currently in jail, obviously unemployed, has a criminal history, and has 6 other children by different women. He provides no child support and never has. She's asked me to take custody of her children if something were to happen to her. My question is this.....Can their father step in and take (or designate) custody? I am financially fit and stable, married, and have 1 child. I do however live out of state...would that pose a problem to the court? I live in New Jersey, and they live in California (where I am originally from). She does have a sister, but her sister can not financially afford to care for them.

Also the father does have family (brothers and sisters), but the children do not know them, and have no relationship with them whatsoever.


Asked on 11/03/13, 12:46 am

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

The court will pay attention to your desire for custodianship, if the mother passes away, but the natural father could petition for custody. The best interest of the child is what the court will consider. Under the circumstances that you described in your question, you would have a good chance of obtaining custody.

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Answered on 11/05/13, 11:23 am


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