What are my rights as the father if my daughter’s mother died? 2 Answers as of December 21, 2016

My daughter is ten and she has a 6 year old half sibling. Grandparents want custody.

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Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
First, if you have established yourself as the legal father then you have the right to custody immediately unless the grandparents have a guardianship order. So, you should have custody of your child now in the absence of a guardianship court order. If the grandparents file for guardianship then you can oppose it contending that there is no need for a guardianship and that you are fully capable of caring for your child.
Answer Applies to: California
Replied: 12/21/2016
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Much more information is needed to ascertain the appropriate placement of the children. It is correct that the court typically gives preference to the other biological parent for custodial placement but there's a lot of factors that the court must consider for the children's best interest in this regard.
Answer Applies to: California
Replied: 12/21/2016
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