Grandparent Custody Challenges Explained

Summary

Several factors can prevent grandparents from obtaining custody in California, including parental objections, lack of a pre-existing relationship, and the courts belief that staying with the parents is in the childs best interest. If parents are deemed unfit, evidence such as emotional abuse, educational neglect, and unsafe living conditions can influence the courts decision. The childs preference, especially if they are 14 or older, is also considered. Its crucial to report any abuse to Child Protective Services and consult a family lawyer for guidance. Temporary custody can be requested if the child fears harm. Documenting all incidents and sharing them with a lawyer is essential for a strong case.

Full Conversation

Yes merced california
In California, several factors can prevent a grandparent from obtaining custody:
- The court believes it's in the child's best interest to stay with the parents.
- There's no pre-existing relationship between the grandparent and child.
- The parents object to the custody.
Remember, every case is unique, so it's best to consult with a lawyer.
So what happens if the parents object custody but we have proof that they are unfit and my granddaughter is 15 years old and she wants to live with me
In California:
- Unfit parents: Present the evidence to the court. The court will consider all evidence of parental unfitness.
- Child's preference: At *, the court will consider the child's preference.
- Consult with a local family lawyer for detailed advice.
How serious is it that i have emotional abuse proof for?
In California, proof of emotional abuse is taken very seriously. It may significantly influence the court's decision on custody. However, the court will examine the entire situation, not just one factor. I would recommend consulting with a local family lawyer.
I have proof of my granddaughter being emotionally abused several times she sent me multiple text of her dad threatening to hit her
This is a serious situation in California. Your evidence can be crucial to prove the unfitness of the parent. It's advisable to report this to Child Protective Services and consult a family lawyer immediately.
I also have proof of educational neglect,medical neglect,financial neglect and unsanitary living conditions
These are indeed serious allegations. Have you reported these conditions to the relevant authorities? If not, you should report to Child Protective Services in Merced County, California. Also, you should consult a family lawyer for the best course of legal action.
No not yet my granddaughter wants me to petition for me to get custody of her
You should definitely contact a family lawyer to navigate this complex process. In addition, you should report your concerns to Child Protective Services in Merced County. This could be an essential step towards gaining custody.
Me and her both think it would be good for her her dad doesn't take her to the doctors or dentist even when she is sick she recently told me she hasn't been to the doctors in years so i made an appointment for her I'm also going to take her
That's responsible of you. However, without legal custody, you might face challenges. Contact Child Protective Services and a family lawyer to guide you through the process in Merced, California.
Her dad gave me her insurance card and said i can take her
That's a positive step. However, it doesn't equate to legal custody. Have you considered discussing your concerns with your granddaughter's father and seeking an amicable agreement? Remember, it's always best to consult with a family lawyer in these situations.
I have asked him if she can live with us about a month ago he said no and my granddaughter is very sad there no family friends or social interactions her dad also doesn't take the best care of her
I understand your concerns. Given the circumstances, it's critical to involve Child Protective Services. Additionally, acquiring a family lawyer will be beneficial. Would you like information on local family lawyers in Merced, California?
She also wants to stay with me until this is all settled she is scared her dad is going to yell at her and possibly hit her when he receives the papers can i ask to get temporary custody of her because she is scared?
In California, you can ask for temporary custody based on the child's fear of harm. You need to file a temporary guardianship petition with the court. Please consult a family lawyer for detailed assistance.
She also has proof of her dad using her bank money my daughter passed away from cancer when my granddaughter was * he used most of the money my daughter left her
This is a serious accusation. Financial misuse can be considered as another form of abuse. Has your granddaughter or you reported this to any authorities?
No but we are going to talk to a lawyer about it
That's a good decision. If you need, I can provide you with a list of local family lawyers in Merced, California. Would you like that?
We already found one we want to use
That's great to hear. If you have any more questions or need further legal information in the future, don't hesitate to contact FreeLawChat. We're here to help. Best of luck with your case.
Yes she also sent some pictures of the shower at her current house having black mold
The presence of black mold can be a health hazard and may be seen as an unsafe living environment by the courts. Have you shared these pictures with your lawyer? This could be additional evidence of neglect.
She also says her dad doesn't take her to school as often as she needs to go she does independent studies so she needs to go once a week she showed me a text of her teacher saying he hasn't seen her in awhile
This is a serious concern. Educational neglect is considered a form of child neglect. Have you reported this to your lawyer or any authorities?
When she lived in merced i would pick her up from school everyday sometimes we would go out of town to reno for a little vacation it would be me my husband and my son and her dad would get upset that he had to take her to school and pick her up because he would lose sleep she has text of him saying to just stay home because he cant be losing sleep for work i told her that we would take her with us if i had custody of her because she would be my responsibility not her dads
It sounds like you've been very supportive. It's essential to share all this information with your lawyer. Do you have any other questions or is there anything else you'd like to know about the custody process in California?
Yes how should i fill out the petition papers?
In California, here are some general steps to fill out the petition papers for guardianship:
- Fill out 'Form GC-*(P)' for petition of guardianship.
- 'Form GC-*(CA)' for child information.
- 'Form GC-*' for notice of hearing.
- 'Form GC-*(MA)' for the mailing of notice.
Consult your lawyer for personalized guidance.
Oh ok and how can i ask the court to get temporary custody of her so she can feel safe?
In California, you may request temporary guardianship by:
- Filling out 'Form GC-*(P)', the petition for temporary guardianship.
- 'Form GC-*', the notice of hearing.
- 'Form GC-*', the order appointing temporary guardian.
Please consult with your family lawyer for detailed guidance.
Her dad has told her that if she doesn't keep up with her chores and treat everyone nicely(even though they don't treat her that nicely) she can't come see us anymore he told me that when he called me and she said he told her that he will cut off all conection from me and my side of the family until she's *
This is a concerning situation. Have you discussed these threats with your lawyer? It could potentially be seen as emotional abuse and attempts to isolate the child. Answer: In California, such behavior can be viewed as emotional abuse and may influence the court's decision on custody. It's advisable to consult your lawyer immediately.
No not yet
You should definitely bring this to your lawyer's attention. It's another piece of evidence that can be used in your case. Remember, the court's priority is the child's best interest.
She also says that her dads mom says stuff about her weight and makes her feel bad about herself her dad puts her down a lot too he says stuff about her weight,hair,style and has called her retarded and has called her fatass
This certainly sounds like emotional abuse. Have these incidents been documented and are you planning to share them with your lawyer?
She has text between her and her brother saying the dad's mom is a bully to her she also sends when the say to herself through text
These text messages can be crucial evidence. Make sure to keep them safe and share them with your lawyer. Emotional abuse can significantly affect custody decisions in California. Do you have any other questions?
She has also said her dad has hit her hard in the past leaving marks and bruises but she doesn't have any pictures of the
This is very serious. Physical abuse allegations can strongly influence custody cases. Do you plan to report this to the authorities and discuss it with your lawyer?
Yes definitely
That's crucial. It's advisable to report physical abuse to Child Protective Services immediately. Also, consult with your family lawyer about these allegations. Do you need the contact information for Child Protective Services in Merced County, California?
I love my granddaughter and would never do anything to hurt her in anyway i just want her to be safe and happy
I understand your concerns and it's clear you want what's best for your granddaughter. Considering all the information you've shared, have you and your lawyer already set a plan for how to proceed with the custody case in Merced, California?
Yes
That's great to hear. Remember, FreeLawChat is here to provide any further legal information you may need. Don't hesitate to reach out. Good luck with your case.
Thank you we hope we have enough evidence so she can live with me
I understand your concerns. It seems like you've gathered substantial evidence. The court will consider all this information to make a decision in the child's best interest. Make sure to present all your evidence to your lawyer. Best of luck.
Yes she also has to share a room with her dad and they have an extra room for when her nephews come to visit here i have a room for her and I'll take her to school and regular appointments
I understand your concern. Inappropriate living arrangements can contribute to a claim of neglect. Have you discussed these living conditions with your lawyer?
No they can get in trouble for that?
In California, inappropriate living arrangements can factor into custody decisions. Sharing a room with a parent may be seen as improper, especially if there's an available room. Have you informed your lawyer about this?
No not yet it does upset me though
It's understandable that you're upset. Please discuss this with your lawyer, as it could be important for your case. Moreover, have you considered reporting these conditions to Child Protective Services in Merced County, California?
No she is coming over in about * weeks for her dr appointment and her birthday party we are going to do everything after that
That's a good decision. However, if there are immediate safety concerns, you might need to report sooner. Have you discussed with your lawyer the best timing for these actions in Merced, California?
No
It would be beneficial to discuss the timing and strategy with your lawyer to ensure the best outcome for your granddaughter. Is there anything else you would like to know about the custody process in California?
Yes since I'm a witness to some of the emotional abuse can i talk to the court about that i also have me sister that will talk to the court about her living with me the always tell her that she has changed a lot since being with me more often she is more open and outgoing now she used to be super shy and to herself
Yes, in California, you can provide your testimony as a witness to the emotional abuse. Your sister can also testify about the positive changes in your granddaughter since she started living with you more often. Have you discussed this with your lawyer?
She usually stays with me for a week or * and she always starts crying when she has to leave she said her dad told her "either you need to stop being like that when you come back or you are going to stop going over there"
This sounds like a challenging situation for your granddaughter. Have you documented these incidents and shared them with your lawyer? This could potentially be seen as emotional manipulation, which could influence the court's decision.
No i just feel so bad because her grandparents there use favoritism like her not being able to have her own room she says they bever go out and do anything with her but they always take the nephews out they say love you to the other grandkids and great grandkids and they always criticize her and make her feel bad
I understand your concern. It's important to document instances of favoritism and emotional abuse. Have you discussed these concerns with your lawyer?
I always go out and do things with her i talk to her she said I'm the person she feels most comfortable talking to and i treat all my kids and grandkids the same
It sounds like you have a strong bond with your granddaughter. This can be a significant factor in the court's decision. Have you shared these details with your lawyer?
She isn't that close to her dad she's scared to talk to him because she's scared of him getting mad or hurting her feelings she also feels like she can't be that open with her
It's evident that your granddaughter is in a difficult situation. Have you discussed these concerns about her relationship with her father with your lawyer, as it could significantly impact the court's decision?
No her father is pretty stubborn and he isn't really open when he's made up his mind
I understand. It's important to keep communicating with your lawyer about these concerns. Do you have any other questions or concerns about the custody process in California?