How can out of state grandparents get custody of their California grandchildren? 3 Answers as of February 07, 2011

Our grandchildren lived with us for over a year in an informal arrangement with the parents. After returning to CA with parents, they were removed by CPS for neglect, returned and then removed again. They have been placed with my ex husband, a man with a 40 year history of domestic violence but no criminal record. His current wife just left him because she did not want the kids. He works and now has started a photography business which keeps him busy most weekends. I think the babysitter is raising the kids. I would be able to stay home with the kids, which now include a baby. How likely is it that my husband and I could get custody. We both have clean criminal history, have been married 18 years and have stable employment.

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Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
In California, only parents can have custody. You and your husband many file for guardianship if you believe that the parents are incapable of properly caring for the child, but it is a long process and will be difficult if opposed by the child's father. That said, if you feel that dad is simply not capable of caring for your grandchild, I would suggest retaining an attorney to assist you with the guardianship case. I would be happy to speak with you regarding your case. Feel free to contact me for a free consultation.
Answer Applies to: California
Replied: 1/31/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Very difficult for the grandparent to obtain custody when one parent objects.
Answer Applies to: California
Replied: 1/31/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
It is very difficult to get custody of children when you are not the parent. You will need to prove the parents are unfit the best interest of the children would be denied if custody is given to the parents. If you can do that, than you have a chance. If the father will fight you, be prepared for a tough and expensive process. Hire a good lawyer ASAP.
Answer Applies to: California
Replied: 1/31/2011
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