Grandparents chances

[joannej]

What are the chances for grandparents who
have raised their grandson from day 1 of
getting custody if both of his parents die?
Someone on this web site advised me to keep
records of what the mother has/has done for
the child. My son informed me tonight that
his soon to be ex- wife said that if my
son and she were to die that she wants her
brother to raise our grandson. He is an
unmarried man who has been going to school
for the last seven years. He hasn't
beeen around the child except for a few
times since the child's birth. We have
taken care of him, home school him, gave
him piano lessons, and now Karari (spelled
incorrectly, but I'm upset, and can't think
straight) I believe the brother to be a
homosexual, but have no prove. He is
thirty-six or thirty-seven years of age,
and I have never heard of him even looking
at a girl. Also, as a Vietnamese, he is
a practicing buddaish (spellect incorrectly
again.) My grandson always says his prayers at night to God, and always blesses his food. We are Christians.
What are our chances of getting this precious
little boy? He is four years of age.

 

[I AM ALWAYS LIABLE]

My response:

You haven't a thing to be worried or concerned about. So, calm down.

If both parents were to die, a court would look at the "best interests" of the child. It could easily be shown that a major disruption would occur in a child's life to be taken from someone that the child has known, in a close familiar situation, only to award someone else custody. It wouldn't happen. It makes no difference if the mother says she wants her brother to take custody. All you'd have to do is Petition the court for custody, show the court the length and breadth of your relationship with your grandchild, and basically, it would be all over, and over in your favor. Because of the State's paramount interest in the welfare of minor children, parents cannot divest the court of jurisdiction to oversee child custody and visitation during the child's minority. Any stipulation or agreement purporting to impede the court's power to render or modify a custody/visitation order is void and unenforceable. [Marriage of Goodarzirad (1986) 185 Cal.App.3d 1020, 1026-1027, 230 Cal.Rptr. 203, 206-207] For example, if she were to leave a Will stating that her child is to be in sole custody of her brother, that clause in the Will would not have any force or effect, and you could still Petition the court for custody.

At the very least, in the event either parent of an unemancipated minor child dies, the deceased parent's children, siblings, parents and grandparents "may be granted reasonable visitation" rights during the child's minority upon a finding visitation would be in the minor child's best interest. [Ca Fam § 3102(a)] In granting visitation rights to any such relative other than a grandparent of the child, the court must consider the amount of personal contact between that person and the minor child predating the application for visitation. [Ca Fam § 3102(b)]

So, take it easy, and she can talk all she wants - - it ain't gonna happen the way she thinks.

IAAL

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[joannej]

Thank you so much for your response.
I am so thankful that you are donating
to your time in order to people like me
that need help.
I'm sure everyone appreciates your help
as much as I do. It sometimes escapes
us to say , "Thank you".

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by joannej:
Thank you so much for your response.
I am so thankful that you are donating
to your time in order to people like me
that need help.
I'm sure everyone appreciates your help
as much as I do. It sometimes escapes
us to say , "Thank you".<HR></BLOCKQUOTE>

IAAL is rewarded for his good deeds once a week when we unlock the cupboard containing his cord flairs, reflective shirt, multi colored socks, disco lights and his tape of music from the 40's .. It sure is a sight to see but he is as happy as a dog who has discovered his tail

Btw, how is the divorce and custody coming along ? Last we saw she had agreed to your son having physical custody.. has he filed anything yet ?