• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

grand parent gaurdians

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

gmama5

Guest
undefinedWhat is the name of your state? California.
We recently became guardians of our 15 yr old step grandchild. Her mother was in prison for the 3rd time on drug offences. She is now in a manditory drug rehabe on treasure island SF, CA. She will be there for another 8 months of a 18mo stay and on parole untill 2009. My question is if she chose to file for custody would the court allow her to have it with her history?? She recently lost custody of her younger child to foster care and adoption. :confused:
 


rmet4nzkx

Senior Member
Obviously if the court has terminated her parental rights in the past, this could happen again. There is case law for similar cases where maternal drug use was at issue, however, a 15 year old presents different issues and it is not clear what your intent is here. Are you wanting the terminate her rights to the child so you can adopt or so the child may be adopted, are you afraid she might rehabilitate and regain custody of her just prior to her majority? Are you afraid that the courts may terminate her rights and place the child elsewhere? What is the status of the biological father, is it your son or step son? Is he capable of maintining custody and supporting this child? With more info it will be easier to provide advice. These days, many teen-age and collegeage children reside with their grandparents for various reasons.
 
G

gmama5

Guest
at risk child

we are maternal step grandparents through marriage. Our concern is that like many times in the past the mother has been incarcerated and then gone into treatment programs only to end up back in prison. Our 15 yr old granddaughter is a at risk child. She had been molested by her mothers drug friends as a baby and again at 12. she needs a lot of therapy and help to get through school. she already lost 2 yrs because her mother was moving from one homeless shelter to another. Our grandchild thinks she will live with her mother again in a couple of years. With the mothers history would the court allow her to go back with the mother?
 

rmet4nzkx

Senior Member
What is your question?

Does your Grand daughter want to live with Mom?
Does she want to live with you?
Do you want to adopt her?
Do you want the courts to terminate her mother's paternal rights?
Is she getting therapy?
Does she have a GAL?
 
G

gmama5

Guest
yes, terminate parental rights

she has chosen us as her gaurdians thru legal advocates for children ak:lacy.
I do not think her father would allow us to adopt her. He was willing to take her but she did not want to live with him.
Her father and I would like to keep her from living with her mother due to the unstable, unsafe envirnment.
Yes we are getting therapy set for her.
What is GAL?
 

LdiJ

Senior Member
gmama5 said:
she has chosen us as her gaurdians thru legal advocates for children ak:lacy.
I do not think her father would allow us to adopt her. He was willing to take her but she did not want to live with him.
Her father and I would like to keep her from living with her mother due to the unstable, unsafe envirnment.
Yes we are getting therapy set for her.
What is GAL?
As another poster told you a 15 year old is in a different position legally than younger children. A teenager has some say in what happens. I realize that you don't want her mother to get custody again, but I am not sure that its going to be possible to terminate her parental rights either. You should probably get a consult with an attorney to get a clearer picture of the situation.

You also need to remember that since she is 15, it will be less than 3 years until she is a legal adult and can make her own decisions regarding where she will be living. Therefore, there is a limited amount of time that you will be able to protect her. By the time that "mom" is in a position to fight for custody again, the child may have already reached the age of 18.
 

rmet4nzkx

Senior Member
A Guardian ad Litem could help sort this out.
Here is one sort, contact the advocacy group or the family courts in your county.
2004 California Rules of Court
Rule 1448. Child Abuse Prevention and Treatment Act (CAPTA) guardian ad litem for a child subject to a juvenile dependency petition

(a) [Authority] This rule is adopted under Welfare and Institutions Code section 326.5.

(b) [Applicability] The definition of the role and responsibilities of a CAPTA guardian ad litem in this rule applies exclusively to juvenile dependency proceedings and is distinct from the definitions of guardian ad litem in all other juvenile, civil, and criminal proceedings. No limitation period for bringing an action based upon an injury to the child commences running solely by reason of the appointment of a CAPTA guardian ad litem under Welfare and Institutions Code section 326.5 and this rule.

(c) [Appointment] A CAPTA guardian ad litem must be appointed for every child who is subject to a juvenile dependency petition under Welfare and Institutions Code section 300. An attorney appointed under rule 1438 will serve as the child's CAPTA guardian ad litem under Welfare and Institutions Code section 326.5. If the court finds that the child would not benefit from the appointment of counsel, the court must appoint a Court Appointed Special Advocate (CASA) to serve as the child's CAPTA guardian ad litem. The court must identify on the record the person appointed as the child's CAPTA guardian ad litem.

(d) [General duties and responsibilities] The general duties and responsibilities of a CAPTA guardian ad litem are:

(1) To obtain firsthand a clear understanding of the situation and needs of the child; and

(2) To make recommendations to the court concerning the best interest of the child as appropriate under (e) and (f).

(e) [Attorney as guardian ad litem] The specific duties and responsibilities of the child's court-appointed attorney who is appointed to serve as the child's CAPTA guardian ad litem are set forth in Welfare and Institutions Code section 317(e) and rule 1438.

(f) [CASA as CAPTA guardian ad litem] The specific duties and responsibilities of the child's CASA who is appointed to serve as the child's CAPTA guardian ad litem are set forth in Welfare and Institutions Code section 102(c) and rule 1424.

Rule 1448 adopted effective January 1, 2003.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top