Grandchild Custody Legal Steps

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Summary

If your grandchild refuses to return home due to emotional abuse, inform Child Protective Services (CPS) and seek legal counsel. In California, you can file a guardianship petition without the parents consent, but the court will notify the parents, who can contest it. The judge will decide based on the childs best interests. If granted, the father must comply or face legal consequences. The process can take several weeks to months. Consult a family lawyer for detailed guidance.

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We dont have a court case she doesn't want to go back should i call the police? Her das is going to be angry if i call him and tell him
In California, calling the police in such a situation may not be beneficial as this is a family matter. It's advisable to:
- Have a discussion with her father.
- Seek legal advice.
- Consider filing a formal custody or visitation modification request if necessary.
Remember, it's crucial to prioritize your granddaughter's well-being.
She comes to visit me and stay for a week quite often this is her first time refusing to come home
Understandably, this is a difficult situation. If you believe your granddaughter is in danger, consider contacting Child Protective Services. If not, it's advisable to have an open conversation with her and her father. Legal action, such as filing for custody, should be considered if the situation doesn't improve.
There is s cps case with her against her father for emotional abuse
If there's an ongoing CPS case, it's crucial to:
- Report the current situation to CPS promptly.
- Cooperate fully with the CPS investigation.
- Seek legal counsel for guidance.
Remember, the child's welfare is paramount.
So i should call cps and tell them she doesn't want to go back because of emotional abuse?
Yes, considering the circumstances and the ongoing CPS case, it would be advisable to inform CPS about the current situation. They are equipped to handle such situations and prioritize the child's welfare.
I was taking care of her because she had surgery to have an extra tooth removed and her dad let her come home with me so i can take care of her
What you're doing is commendable. However, have there been any legal agreements or court orders regarding your granddaughter's custody and care post the surgery? Answering this can help provide a more specific guidance.
What does that mean exactly?
I'm asking if there are any legal documents or court orders that say who is responsible for taking care of your granddaughter after her surgery. This is important for understanding your legal position.
No i she asked her dad if she can go with me so i can take care of ger and he said yeah i was there for her surgery then took her home after to my house and i was taking care of her i told her to ask her dad because i didn't want her being alone during her recovery
Since there's no legal agreement, the dad has the right to decide where his daughter stays. If she refuses to go back, it could be a legal issue. It's best to inform CPS about this, given the ongoing emotional abuse case, and seek legal counsel.
Oh ok thank you I'll call cps and see what they say I've been trying to get her and she's been wanting to live with me i have a petition for guardianship but i know her dad wont sign it
It's good to hear you're proactive. Just to confirm, have you filed the petition for guardianship or you're planning to? This could potentially change the situation.
I'm planning to
That's a good step. In California, you can file a petition for guardianship without the parent's consent. However, the court will notify the parents and they can contest it. Consult with a local family lawyer to guide you through the process.
Oh ok thanks yeah i was talking to some friends about this and they asked will he want to sign it and i said no he won't
That's understandable. If you file, the court will consider the child's best interests, including her desire to live with you. Your friends are right that her father might not agree, but the judge will make the final decision. Do you have access to a family lawyer?
Yeah i do
That's great. Contact your family lawyer and discuss the situation with them. They can guide you on how to proceed with your guardianship petition and other legal actions that might be beneficial for your situation. Remember, your granddaughter's well-being is the top priority.
So how exactly do the guardianship petitions work?
In California, the process for a guardianship petition typically involves the following steps:
- Filing a petition for guardianship with the court.
- Court will notify the child's parents about the petition.
- A court investigator might be assigned to evaluate the case.
- A court hearing will be held where a judge makes the decision.
Please consult your family lawyer for detailed guidance.
What if the judge says it in her best intrest to live with me and her dad still says no
If a judge determines it's in the child's best interest to live with you and grants guardianship, the father has to comply. If he refuses, he could face legal consequences. This is a matter you should discuss with your attorney.
How long after filing a guardianship petition is the case?
In California, the process can take several weeks to a few months. It depends on the court's schedule and the complexity of the case. Your lawyer can give a more accurate timeline based on your specific situation.
Ok thank you
You're welcome! If you have any more questions in the future, feel free to ask. Remember, it's important to prioritize your granddaughter's well-being and safety. Good luck with your guardianship petition and don't hesitate to seek legal advice when needed.