Daughters Custody With Grandmother

Summary

In California, a minor cannot choose where to live until they are 18, but courts may consider a 16-year-olds preference. Evidence of neglect, abuse, and a strong bond with a grandparent can significantly impact custody decisions. A grandparent can petition for custody if its in the childs best interest. Consult a family lawyer for specific advice.

Full Conversation

My daughter is *
In California:
- A minor can't choose where to live until they're *.
- Courts may consider her preference due to her age.
- If all parties agree, you can draft an informal agreement.
Consider legal advice for a formal process.
So i actually have a question
Of course, I'd be happy to help further. What's your question?
so she actually used to have a social phobia where she couldn't be around people without getting really nervous and i used to get mad at her and yell at her for it I've told her i would humiliate her infront of everyone if she doesn't knock if of or i would tell her I'd smack her in the face can she use that against me? I've also noticed she doesn't have that social phobia anymore since she's been visiting her grandma more often
In California, these actions could be considered emotional abuse. If proven, it might influence the court's decision on custody. However, each case is unique. It's recommended you seek legal advice for a better understanding of potential implications.
She doesn't have any proof of me telling her that but can she still mention it?
Yes, she can mention it. Courts often consider verbal testimonies. However, without proof, it becomes a matter of credibility. It's important to consult a lawyer for guidance.
My daughter has proof of medical and educational neglect emotional,physical and financial abuse inappropriate living arrangements and unsanitary living conditions
In California, if your daughter can provide proof of neglect, abuse, and unsanitary living conditions, it may significantly impact the court's decision on custody. It's crucial to consult with a family lawyer to understand the potential outcomes.
She has pictures and text and papers of everything she already gathered all her evidence to use against me
In California, if your daughter presents substantial proof of neglect and abuse, it could potentially influence a judge's decision on custody. It's strongly recommended you seek assistance from a family lawyer to navigate this situation.
What can influence the judges decision on her behalf?
In California, factors influencing a judge's decision can include:
- Evidence of abuse or neglect
- Living conditions
- Child's preference (if they're mature enough)
- Each parent's ability to care for the child
- Stability of each home environment
- Any history of violence.
Consult with a lawyer for specific advice.
She is * and her grandma is willing to take care of her she asked her grandma if she can petition for custody and her grandma said yes
In California, a grandparent can petition for custody or guardianship if it's in the child's best interest. Factors the court may consider include:
- Existing relationship with the grandparent
- The child's wellbeing and safety
- The child's preference, given her age
Please consult with a family lawyer for specific advice.
She is super close with her grandma she said her grandma is one of the only people she is comfortable being open with and she's always spending as much time with her grandma as possible
Given the strong bond between your daughter and her grandmother, it seems like she could have a strong case. However, courts also consider other factors. It's best to consult a family lawyer to understand all potential outcomes. Are there any other legal concerns you have?
Can you tell me about the potential outcomes?
In California, possible outcomes could include:
- Your daughter's grandma getting full custody.
- You retaining custody with conditions attached.
- A shared custody arrangement.
- Mandatory family services, like counseling.
Remember, each case is unique and outcomes vary. Consult a family lawyer for specifics.
Under what circumstances can her grandma get full custody of her?
In California, a grandparent can potentially get full custody if:
- The child's parents are unable to care for her.
- There's a pre-existing strong relationship with the grandparent.
- It's in the child's best interest.
- The child's preference, given her age.
- Evidence of abuse or neglect is presented.
Consult a family lawyer for specific advice.
So she has all of those I'm usually busy with work
Given the circumstances, it's possible your daughter's grandma could be granted custody. However, the final decision lies with the court, considering all evidence and factors. Please consult a family lawyer in Visalia, California to guide you further.