Daughters Custody Legal Process

Summary

In California, a minor can live with a grandparent if parents consent or the grandparent obtains legal guardianship. If the child and grandparent pursue legal guardianship, a petition must be filed, and a court hearing will be scheduled. The court considers the childs best interest, including living conditions, emotional wellbeing, and the parents ability to provide care. Unsanitary conditions, long working hours, and past abusive behavior can negatively impact the parents case. Mediation or counseling can help resolve disputes. The court may favor the grandparent if they provide a safer, more stable environment.

Full Conversation

Well about a month ago my daughter's grandma asked if it would be ok if my daughter lived with her and i said no and my daughter said she likes it there better because she has more people to talk to and things to do
Based on your situation, here are your options in California:
*. Give verbal or written consent for your daughter to live with her grandma.
*. If you refuse, the grandma has to obtain legal guardianship.
Would you like more information on these options?
My daughter wants to go to court and her grandma is willing to take her
It seems like your daughter and her grandmother want to pursue legal guardianship. Here are the steps in California:
*. File a petition for guardianship.
*. Notice of the hearing is given to interested parties.
*. The court will review the case and make a decision.
Would you like guidance on how to file a petition?
How would i keep my daughter
If you want to maintain custody of your daughter, you can:
*. Attend the guardianship hearing and provide reasons why you should maintain custody.
*. Consult with a family law attorney for advice.
*. Seek mediation to resolve the dispute.
What are reason i could say on why i want to keep her?
In California, you can argue:
*. You provide a stable, loving environment.
*. You meet her physical, emotional, educational needs.
*. You're actively involved in her life and school activities.
*. You're capable of making decisions in her best interest.
Remember, the court values a child's best interest above all.
She has evidence and proof against me like physical,emotional and financial abuse medical and educational neglect and unsanitary living conditions and inappropriate living arrangements
In such circumstances, the court may favor the child's grandmother. However, you can:
*. Show improvement in conditions.
*. Prove you're seeking help (therapy, parenting classes).
*. Demonstrate a willingness to change for your child's welfare.
Remember, the ultimate aim is the child's best interest.
And what happens if i don't? Will they favor her grandma?
If you don't show improvement or willingness to change, the court in California might favor the grandmother, especially if she's providing a safer, more stable environment for your daughter. This is because the court always prioritizes the child's best interest.
She is providing a safer and more stable environment
In that case, the court may indeed favor the grandmother if she provides a safer and more stable environment. However, as a parent, you still have rights and can request visitation or even work towards regaining custody in the future.
Oh ok and how does all this work? Like what would happen after her grandma petitions for custody
Once the grandmother petitions for custody in California:
*. A court date will be set.
*. You'll be notified and have a chance to present your case.
*. If granted, the grandmother will have legal rights and responsibilities.
*. You can request visitation rights or work to regain custody.
Oh ok so does the court decided who my daughter should live with on the same day as the trial?
In California, the court can make a decision on the same day of the trial, but it isn't guaranteed. It depends on the complexity of the case and the judge's schedule. However, be prepared for a decision on the day.
How long does it usually take to set a court date?
In California, the time to set a court date varies. It can take anywhere from a few weeks to a few months after the petition for guardianship is filed. However, due to the COVID-* pandemic, there might be additional delays.
Oh ok how long will the trial last * minutes?
The duration of a trial varies based on the complexity of the case. In California, a guardianship hearing can last from * minutes to several hours. However, it's essential to be prepared for any length of time.
Is having dirty walls considered unsanitary?
In California, unsanitary conditions can refer to any conditions that pose a health risk. While dirty walls may not directly be considered unsanitary, if they're associated with mold, pests, or other health risks, they could contribute to a finding of unsanitary living conditions.
Oh ok i think there is black mold in the fridge
In California, black mold is considered a serious health risk and could contribute to unsanitary living conditions. It's recommended to address this issue promptly for the health and safety of all occupants, and it may affect your custody case.
What are unsanitary living conditions?
Unsanitary living conditions in California could include:
*. Presence of pests like rodents or insects.
*. Lack of clean running water or sanitary facilities.
*. Presence of mold or mildew.
*. Accumulation of garbage or foul odors.
*. Structural issues endangering inhabitants' safety.
Remember, these are general guidelines and specific cases may vary.
Oh ok well we currently live out in the country right now and there is mice would that effect the case?
In California, a mouse infestation could be considered an unsanitary condition. This could potentially affect your case if it's deemed harmful to your child's health or wellbeing. It's advisable to address this issue promptly.
We recently sprayed bug spray in the garage and there is a lot of dead pincher bugs can my daughter use that against us?
In California, the use of bug spray and subsequent presence of dead bugs could be considered an attempt to improve conditions. However, if pests persist, it might contribute to unsanitary living conditions. It's recommended to seek professional pest control if the issue continues.
Ok thanks
You're welcome! If you have any other questions or need further clarification, don't hesitate to ask. We're here to help.
If there was a home inspection what would they look for?
A home inspection in California typically looks for:
*. Safe and adequate living conditions.
*. Cleanliness and sanitary conditions.
*. Adequate heating and cooling.
*. Proper functioning of plumbing and electrical systems.
*. Structural soundness and safety hazards.
*. Presence of pests or mold.
Remember, these are general standards and specifics may vary.
What are adequate living conditions?
In California, adequate living conditions generally include:
*. A safe and secure environment.
*. Access to clean water and sanitary facilities.
*. Adequate food and nutrition.
*. Sufficient space for each resident.
*. Proper heating, cooling, and ventilation.
*. Absence of pests, mold, or health hazards.
Remember, these are general guidelines and specifics can vary.
For number * would they note that me and my daughter have to share a room? They have an extra room but thats for when my grandsons come over
In California, it's not inherently problematic for a parent and child to share a room. However, overcrowding or inappropriate arrangements can be a concern. The court may consider whether each resident has sufficient space and privacy for their age and development.
She doesn't really i leave work at around 2am and come back at 4pm i eat shower and then sleep
Your working hours seem to be challenging. Would you like information on how the court may view this in terms of your ability to provide appropriate care and supervision for your daughter?
Yes please
In California, the court considers:
*. The quality of time you can spend with your child.
*. Your ability to provide supervision.
*. The stability of your child's routine.
*. Your child's age and needs.
Long working hours may impact these factors, but it varies case by case.
So you are saying that me working a lot can affect my case?
Yes, in California, long working hours could potentially impact your case. The court considers the quality of time spent with the child, availability for supervision, and stability of the child's routine. It's evaluated on a case-by-case basis.
My parents said thag my daughter wont get her own room because her last room that she had when we lived in merced was dirty
While it's important to maintain a clean environment, the refusal to provide your daughter with her own room based on past cleanliness could be seen as withholding suitable living conditions. In California, a child's right to adequate space and privacy is considered. How has your daughter reacted to this decision?
She was upset and thought it was unfair i told her it's their house
It sounds like a challenging situation. How your daughter's feelings are addressed also matters to the court. If she feels unheard or uncomfortable, it could impact the court's view. Have you considered mediation or counseling to help navigate these issues?
No
Mediation or counseling could be beneficial in resolving these issues. They can help in creating a conducive environment for your daughter. Would you like more information on how to pursue mediation or counseling in California?
Ok
In California, you can access mediation or counseling through various means:
*. Check with your local court if they offer family mediation services.
*. Contact a private mediator or family counselor.
*. Seek help from local community organizations.
Would you like guidance on how to contact these services?
So i was actually going to get her a therapist when we first moved here but i haven't had the time with work she said that her grandma said she'll get her a therapist if she gets custody of her
It sounds like therapy could be beneficial for your daughter. If the grandmother is willing to arrange this, it could be seen positively by the court. Would you like information on how to start the process of finding a therapist in California, should you retain custody?
No thanks
Alright, if you have any more questions in the future or need assistance with anything else, feel free to ask. We're here to help. Have a great day!
So about the privacy my daughter said she doesn't like talking to people on the phone because she doesn't want people listening to her conversations because we have no insulation in the walls and when I'm home I'm trying to sleep for work so she has to be quiet from around 6pm until she goes to sleep
It sounds like your daughter is concerned about her privacy. If she's uncomfortable, it could impact her wellbeing. Have you considered ways to address this, or would you like some general advice on improving privacy within your current living conditions?
Yes please
Here are some general tips for improving privacy in your living conditions in California:
*. Use white noise machines to mask conversations.
*. Use headphones for phone conversations.
*. Create private spaces with curtains or room dividers.
*. Set quiet hours for mutual respect.
Remember, these are just suggestions and may not fully address your daughter's concerns.
Oh ok yeah because another reason she doesn't like it here is because she is pretty much stuck in the house all day and has no friends or family here and town is far away from her and proabaly no one would take her out to do things it's the opposite at her grandmas
It seems like your daughter feels isolated. In California, a child's social environment can also factor into court decisions. Have you considered ways to increase her social interactions, or would you like some advice on this matter?
No i haven't and yes please
Here are some suggestions to increase your daughter's social interactions in California:
*. Encourage online interactions with friends.
*. Explore local community activities or clubs.
*. Arrange for regular visits with family or friends.
*. Consider therapy or counseling for emotional support.
Remember, these are just suggestions and may not fully address your daughter's needs.
My daughter visits her grandma often but everytime she comes back she cries she cries for days sometimes and i told her she can't go over there as often anymore if she keeps this up with crying and giving attitude to everyone and not doing anything
It seems like your daughter is having a tough time after visits to her grandmother's. Have you tried discussing with her the reasons for her distress? It might help to understand her perspective better.
Yes she said it's because she doesn't want to leave because she likes it there so much she gets to be with her family and she said they are always doing something together everyday
It sounds like your daughter feels more socially fulfilled at her grandmother’s. While this is a difficult situation, it’s important to also consider her feelings. Have you tried discussing a possible compromise that allows her more visits or longer stays with her grandmother while also maintaining your relationship?
She goes about every * weeks for a week
It sounds like your daughter spends a considerable amount of time with her grandmother. If she's happier there, you may want to consider allowing her to stay with her grandmother more frequently. It could be beneficial for her emotional wellbeing. Have you discussed this possibility with her grandmother?
No i don't want her leaving i told her she is my responsibility till shes * if she wants to live with her grandma when shes * thats fine
It's a challenging situation. In California, as a parent, you have the right to make decisions for your minor child. However, the court also considers the child's happiness and mental wellbeing. Have you considered seeking legal advice or a mediator to help navigate this situation?
No 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, if you've acted in a way that could be seen as mentally abusive or threatening towards your daughter, she could potentially use that information in a custody hearing. Have you considered seeking professional help to change these behaviors for the betterment of your relationship with her?