Hemet, CA asked in Child Custody, Criminal Law and Family Law for California

Q: My Son is incarcerated and has a child there are no custody orders the mother is putting the child in danger

the mother is on drugs and drinks also plans to move child out of the country. married a guy after knowing him for 6 weeks for financial gain. my son wants me to have guardianship over the child

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your son wants you to have guardianship over his child due to the mother’s dangerous behavior, you need to take immediate legal action. The mother's drug use, alcohol abuse, and plans to move the child out of the country, along with her recent marriage for financial gain, present a serious risk to the child’s well-being.

You should file a petition for guardianship in the probate court. This petition must detail the mother's behavior and explain why the child is in danger. Include any evidence you have, such as witness statements or police reports, to support your claim that the mother is unfit and that you can provide a stable and safe environment.

Additionally, consider requesting an emergency temporary guardianship order to prevent the mother from taking the child out of the country while your petition is being processed. This immediate action can help protect the child and ensure their safety while the court reviews your case. Acting swiftly and with appropriate legal steps is crucial to securing the child's future.

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