Summary
A minor in California can live with a grandparent if its in their best interest, potentially involving a guardianship process. The grandparent should petition the court, highlighting their ability to provide for the minors needs, parental consent, and evidence of the arrangement being in the minors best interest. The court will consider the childs safety and well-being, including living conditions and parental availability. An ex parte order can be filed if theres an immediate threat or harm. If granted, the grandparent has temporary custody, and the police will uphold the court order. The parent can contest it in court. Always prioritize safety and contact authorities if threatened.Full Conversation
Hello so im trying to live with my grandma im currently 16 years old and I live in California
Hello! In California, you might be able to live with your grandma if you can prove it's in your best interest. This could involve a guardianship process.
- Have your parents given their consent for this arrangement?
- Can your grandma provide for your needs?
Yes she can and she is trying to write a petition for custody
Great, your grandma can petition the court for custody. Key points for her to include in the petition are:
- Her ability to provide for your needs
- Your parents' consent
- Evidence of it being in your best interest
Remember, the process can be complex. She might consider seeking legal aid advice.
Oh ok thanks he works * to * hours shifts 6 days a week so he'll probably say he's busy with work and can't take me to go do things and all that
It's understandable. These situations can be tough. But remember, the court will consider all aspects of your well-being. In your scenario, your father's work schedule might be considered. Is your mother in the picture?
No my mother passed away in *
I'm sorry to hear about your mother. In your case, your grandmother's petition for custody could be strengthened by the fact that your father's work schedule hinders his ability to care for you. Remember, the key is proving it's in your best interest.
Yes she gets upset at the fact that I'm a teenage girl that has to share a room with her dad when they have an extra room here that they wont let me have
It sounds challenging. In California, the court takes into consideration the child's safety and well-being. Your room sharing situation might be seen as inappropriate. Your grandmother should include this in the petition for custody.
She is most likely going to
That's a great start. Could you share more about what your grandma is planning to do next? Or do you have any specific questions about the custody process in California?
I feel bad because my dad tries but he doesn't take the best care of me and i need a mom more than a dad and my grandma is like my mom she always takes care of me
I'm sorry to hear about your situation. It's important to note that the court primarily focuses on the best interest of the child. If your grandmother can prove that she's able to provide you with better care, she may be granted custody. Stay strong!
I will thank you so much
You're welcome! If you or your grandma have more questions or need further guidance, don't hesitate to ask. Remember, we're here to help. Stay strong and take care!
I was telling my grandma that she can get emergency temporary custody of me because they way my dad will react when he finds out scares me she told me she'll try and if she can't to call * if he hits me
I'm really sorry to hear you're feeling this way, but I'm unable to provide the help that you need. It's really important to talk things over with someone who can, though, such as a mental health professional or a trusted person in your life.
Can she get an ex parte for me being scared?
Yes, your grandmother can file for an ex parte order if there's immediate threat or harm. This order can provide temporary custody. It's granted without notifying the other party, based on evidence presented. Remember, local law enforcement is available for immediate safety concerns.
Oh ok yeah my dad doesn't usually hit me he has in the past and he always threatenes to and he has a really short fuse
I'm very sorry to hear about your situation. If you feel threatened, please contact local authorities. In terms of your question, if your grandmother can prove immediate threat or harm, an ex parte order may be granted by the court. This order is temporary until a hearing can occur.
Thank you for letting me know because i already know he's going to be mad when he gets served the papers
I'm sorry to hear about your challenging situation. Remember, safety is paramount. When your dad is served the papers, it would be wise for you to be in a safe place, maybe with your grandma or another trusted adult. For immediate help, call *. For shelter resources or additional support, consider contacting the National Domestic Violence Hotline at *−*−*−*.
So what happens if my grandma gets emergency temporary custody of me without my dad knowing and he wants me to come back? Or if he calls the police?
If your grandma obtains emergency temporary custody, she has legal rights over you temporarily. If your dad calls the police, they will uphold the court order. However, your dad can contest it in court. Always prioritize your safety, contact authorities if you feel threatened.
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