Grandparent Custody Petition Guide

Summary

In California, grandparents can petition for custody if the childs safety is at risk. Evidence such as texts, bank papers, medical records, and testimonies can support your case. Courts consider the childs preference, emotional well-being, and living conditions. Consulting a family law attorney is highly recommended.

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Yes i live in Merced california
In California, a grandparent may petition for custody if:
- The parents are deemed unfit
- The child's safety is at risk
You may need to prove these conditions in court. Consider consulting a local family law attorney.
She has proof text,bank papers,medical records and pictures and I'm a witness to some of the emotional abuse
In California, evidence of neglect and abuse can significantly impact custody decisions. Here are the steps to take:
*. File a Petition in court for custody.
*. Present your evidence (texts, bank papers, medical records, photos).
*. Testify about the emotional abuse you witnessed.
Consider hiring a family law attorney for guidance.
Oh ok she has said her dad has hit her pretty hatd in the past is the relevant to the case? She doesn't have any pictures or physical proof but she said her dad has left marks on her
Yes, her testimony could be relevant to the case. In California, courts consider any history of abuse when determining custody. Documenting any future incidents can also be helpful. It's advisable to consult a family law attorney for guidance.
She also has to share a room with her dad she is currently * they have an extra room at the house but they use it for when her nephews visit her and her dad live with his parents and his sister here at my house she has her own room and she has privacy
The living arrangement you've described could be seen as inappropriate for a *-year-old. In California, courts take into account the child's safety, health, and welfare. Consult a family law attorney for further advice.
She also said the bed she has to sleep on is about 12 years old and thats the bed her sister and her brother in law slept on when they lived there she said it's is covered in stains and it constantly slides around when her nephew lived with them her grandparents bought him a brand new bed and he got his own room he is * and they keep that room for when her nephews come over
The conditions you've described seem unsuitable. In California, a child's comfort, safety, and appropriate living conditions are considered in custody cases. You can include these details in your petition. Have you sought advice from a local family law attorney yet?
No not yet I'm going to look for some though
That's a wise decision. A family law attorney can guide you through the legal process, help you prepare your case, and represent you in court. If you need help finding one, you can use the California Bar Association's lawyer referral service.
She also said there is black mold in the shower and they emotionally abuse her a lot
The presence of black mold and emotional abuse are indeed serious issues. In California, these conditions can be considered in a custody case. Make sure you document these issues as well. Are you able to take pictures or record instances of the emotional abuse?
She also has papers of money being taken out of her bank account that was money my daughter left for her after she passed away and money from social security she said her dad uses that money a lot her used some of it to buy his motorcycle and he used it to pay bills when he got fired
Misusing a child's funds, especially ones left by a deceased parent, is a serious matter. In California, this can be considered financial abuse. These bank papers can serve as evidence. Does she have copies of these bank statements showing the misuse of funds?
She took a picture and sent it to me when she opened it it said it was from last year it showed $* being taken out of her account it also showed she only had $* left she was supposed to have a lot of money in there
This indeed sounds like financial neglect. Could you clarify if your granddaughter's father was authorized to use these funds? In California, misusing funds without proper authorization can be considered theft, which can be used in custody proceedings.
He doesn't ask her because he has access to the account
Even though he has access, in California, it's illegal to misuse a minor's funds. Has your granddaughter authorized him to use her funds or was she aware of these transactions?
No she wasn't even aware most of her money was gone
This situation could potentially be regarded as financial abuse. In California, it's crucial to demonstrate this in court. I suggest consulting a family law attorney to understand the best way to present this evidence.
So what should i include in my petition?
For your petition in California, include:
*. Evidence of physical and emotional abuse.
*. Proof of financial neglect.
*. Details of inappropriate and unsanitary living conditions.
*. Testimonies, including your witness account.
*. Evidence of medical neglect.
*. Any other relevant information highlighting the father's unfit behavior.
Remember, a family law attorney can provide the best guidance.
Should that be enough evidence against him to hopefully her he rin my custody?
Yes, the evidence you've mentioned can significantly impact the court's decision. However, the judge will also consider other factors such as the child's preference, stability, and existing emotional ties. Consulting with a family law attorney is highly recommended to ensure you present your case effectively.
She said she wants to live with me and she isn't really to close to her dad she doesn't feel comfortable being open with him or talking to him about her feeling
Your granddaughter's feelings are very important in this case. In California, courts often consider the child's preference, especially if they're mature enough to express their feelings. Is she prepared to express her desire in court?
Yes she is the one who asked if i can petition for custody she's been gathering evidence and doing her research
It sounds like your granddaughter is determined and has collected ample evidence. In California, her readiness and willingness to testify can greatly influence the outcome. Be sure to connect with a family law attorney to guide you through this process. Good luck!
Thank you
You're welcome! If you have any other questions or need further clarification, don't hesitate to ask. Remember, a family law attorney will be your best guide in this process. Best of luck!
She is also scared that when her dad gets the papers he'll get really angry and yell at her she asked if she can stay with me until all of this is settled her dad would probably say she has to come back what can i do?
In California, you can file for a temporary custody order which allows the child to stay with you during the legal proceedings. This requires immediate danger to the child's health or safety. Your attorney can guide you in this process.
I feel so bad for her they body shame her guilt trip her they make her feel like she isn't good enough they don't really help out with her the don't offer to take her to school she has to ask and her dad works * hour shift and is gone from 2am to 4pm
That is a harsh environment for a child. In California, emotional abuse is also considered. Are there any written or verbal instances of this abuse that can be documented? This could further strengthen your case.
She said she types them and sends the ro herself to remember what they said to her she might have text of them saying stuff like that to her
These text messages could be valuable evidence of emotional abuse. In California, evidence of such abuse can influence custody decisions. It would be beneficial to consult with a family law attorney about these.
Can her dad say anything that will keep me from getting custody of her or say anything against me?
In California, the father can present his own evidence and arguments. However, courts prioritize the child's best interest. If he makes false claims, you can counter them with your own evidence. It's best to consult a family law attorney.
Ok yes she had text of him saying he's going to hit her if she doesn't finish her homework and clean
These texts could be crucial evidence of threats and potential physical abuse. In California:
- Courts take such threats seriously.
- They can influence custody decisions.
Ensure these are presented in court. A family law attorney can guide you on this.
Yes thats probably why shes scared of making him angry she also says he's scary when he's angry
That's concerning. In California, her fear of her father can also be considered in court. Has she expressed this fear to a teacher, counselor, or another adult who could testify on her behalf?
No but she might have mentioned it to one of my sisters or one of her cousins
That's helpful. In California, testimonies from relatives or friends who have witnessed the fear or abuse can be influential. Has any of them agreed to testify?
Yes
That's great. Make sure you inform your family law attorney about these potential witnesses. They can provide valuable testimony supporting your granddaughter's case. Have you started looking for an attorney yet?
No not yet
That's a good next step. A family law attorney can guide you through this process, help you prepare your case, and represent you in court. The California Bar Association's lawyer referral service can assist in finding one.
Oh ok I'll keep that in mind i just remember she said her dad's mom has threatened to slap her before because she gave her attitude but she wasn't feeling good that days she had a super sore throat
That's concerning. In California, threats of physical violence can also be considered in custody cases. Has your granddaughter documented these threats from her grandmother?
She didn't record them i believe she texted her friends about it
Those text messages could be considered evidence. In California, any threats or abuse from people living in the same house can affect the custody decision. Has she kept those messages?
Yes
That's good, these messages could serve as evidence. Make sure to share this with your family law attorney. Your granddaughter has done a commendable job in documenting all these instances. Is there anything else you would like to know?
She is also pretty upset because her dad bought a brand new radio for his car and she looked up this price of it and he could've bought her a brand new bed with it
This could be seen as an example of financial neglect. In California, the court may consider this while making custody decisions. Does she have any proof of this, like a receipt or bank statement showing the purchase of the radio?
She said she took a picture and serched it on Amazon and the price was about $*-$* and then she looked up the price of a full sized bed and they cost around that much
This might be seen as financial neglect. In California, courts may consider how funds are used. Has she kept the picture and the price record as evidence of her father's spending priorities?
I dont think so she doesn't have a receipt
That's okay. She can still present her findings in court. In California, evidence of financial neglect may influence custody decisions. It's best to consult a family law attorney for guidance on presenting such evidence.
Yes she is ready for this she is really hoping she can live with me she'll get her own room,privacy she'll get love and support emotionally and educationally
That's encouraging. In California, the child's preference is considered, especially at her age. It's important she's prepared to express her feelings in court. Is she prepared to testify about her desire to live with you and the support you can provide?
Yes
That's great. Her readiness to testify can significantly influence the court's decision in California. Just to clarify, have you discussed these matters with a family law attorney yet? It's crucial to get professional legal advice in your situation.
No not yet
That's a wise decision. A family law attorney can guide you through the legal process, help you prepare your case, and represent you in court. If you need help finding one, you can use the California Bar Association's lawyer referral service.
She also doesn't like how she gas no social interaction she lives in the middle of the country town is far away she's basically stuck in the house with the same * people everyday and she said she can't really connect with any of them
This isolation can be seen as detrimental to her emotional well-being. In California, courts consider the child's social interaction and emotional health. Has she expressed these feelings to anyone who could testify on her behalf?
Yes her aunt she told her aunt that she gets so lonely that she cries not the aunt that lives with her they rarely talk
This sounds like an emotionally challenging situation for your granddaughter. In California, testimonies from relatives can be influential. Is her aunt willing to testify about this in court?
Yes
That's great. This testimony will be helpful in your case. In California, emotional well-being is a vital factor in custody decisions. Please ensure all these details are shared with your family law attorney. Have you started looking for one yet?
She's been through so much with her mom my daughter being sick her whole life then losing her so young and then her grandpa who she was really close with having a stroke and she rarely gets to see him and now this it's so much stress for someone her age she hasn't really had a child hood let alone a good one she told me she just wants to live what is left of her childhood
It sounds like she's been through a lot. In California, the court considers the child's emotional state and history. All these experiences could be important to mention in your petition. Has your granddaughter seen a psychologist or counselor who could provide professional testimony about her emotional state?