Q: mom non citizen parent died. citizen parent charged with murder. Where does the child go and can mom family child?
father not convicted was released but case is active . released from jail.
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- California
- (916) 704-3009
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- Answered
A:
This is a difficult situation that requires careful consideration of the child's best interests. In California, when one parent passes away and the other parent faces criminal charges but has been released, the living parent generally retains parental rights unless they are found unfit by the court or their rights are terminated.
The maternal family members (from your non-citizen mother's side) can petition the court for custody or visitation rights. California courts consider multiple factors, including the child's existing relationships with family members, stability, and emotional bonds. If there are concerns about the father's ability to care for the child due to the ongoing criminal case, the maternal relatives can present evidence to support their petition.
You should contact a family law attorney immediately to understand your specific rights and options. The court will prioritize the child's wellbeing and safety above all else. Additionally, filing for emergency custody might be possible if there are immediate concerns about the child's safety. Consider reaching out to local legal aid organizations or the California courts' self-help centers for guidance on the custody petition process.
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