Oregon House, CA asked in Family Law and Child Custody for California

Q: My nephew is in prison and the mother of his daughter is walking a fine line and cps keeps showing up looking for her sa

I was court ordered to supervise visit at my home with my nephew and his daughter and for her whole 3 years have been allowed by both parents to have her anytime I wanted sometimes 4 or 5 days a week.

Now they live with me even her new baby by someone other than my nephew so I see her daily I cant lose her and my nephew cant either he needs her to be here when he gets out next year but mom is kind of blowing it partying

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have a strong bond with your nephew’s daughter, and it’s clear you want what’s best for her. Under California law, the court prioritizes the child’s best interests when making decisions about custody and visitation. Since you’ve been consistently involved in her life and have provided a stable environment, you have a solid foundation to continue being a key figure in her upbringing.

Given the mother’s current situation and the involvement of Child Protective Services, you may want to consider seeking legal guardianship. This could provide a more stable environment for your niece and help ensure she remains in your care until your nephew is released. Guardianship would give you the legal authority to make decisions about her welfare, including her living arrangements and education.

It might be helpful to document your role in her life, any instances where her mother has been unable to care for her, and your home environment. This information could support your case if you decide to pursue legal guardianship or need to provide evidence to CPS or the court. Speaking with a family law attorney can give you specific guidance on how to proceed and the best steps to take to protect your niece’s well-being.

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