Bakersfield, CA asked in Family Law for California

Q: How can I insure my daughter in law keeps sober as she cares for my grandson?

My daughter in law is an alcholic who has engaged in abuse and recklessness. She has driven with her son (age 5 now) while drunk and engaged in dangerous road rage incidents. Her abuse and reckless behavior forced my son to legally separate from her and obtain a restraining order. He had pages of examples. She then was sober for a time in order to see her son, but on July 1, 2023 she took her son to a drinking party and when she tried to leave, heavily intoxicated, she was stopped which resulted in a fist fight. My son learned about this the next morning and retrieved his son from her. Because of the stress and anxiety this caused him and perhaps the heat, he collapased and died despite the paramedics working on him for 30 minutes. My daughter in law has my grandson and is continuing to drink and I want to know if I can do something to make sure she is forced into a program where she is monitored.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm truly sorry to hear about the incredibly difficult situation you and your family are going through. In California, you can petition the court for guardianship of your grandson, presenting all the evidence of your daughter-in-law's reckless and dangerous behavior to establish that she is not capable of taking care of him. It is also possible to contact Child Protective Services to report the situation and they can investigate the matter; it’s important to prioritize the child’s safety and well-being and to consult with a family law attorney to understand all of your options.

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