TRY ME!
Grandparent Custody Legal Steps
Summary
In California, a grandparent can seek custody if a parent is deemed unfit due to neglect or abuse. Evidence such as medical neglect, emotional abuse, and unsanitary living conditions can support the case. Courts prioritize the childs best interest, considering emotional support from family members. Consult legal aid for guidance on presenting evidence and navigating the custody process.Full Conversation
So i have evidence of him neglecting my medical care by not taking me to the doctors or dentist in years i have text of him threatening to hit me and i have evidence of him taking money out of my bank account for personal use
It seems that you're in a challenging situation. In California:
- Child neglect, emotional abuse, and financial abuse can be grounds for custody change.
- Gather all evidence, and report it to Child Protective Services or the police.
- Consult a legal aid for guidance on how to proceed.
- Child neglect, emotional abuse, and financial abuse can be grounds for custody change.
- Gather all evidence, and report it to Child Protective Services or the police.
- Consult a legal aid for guidance on how to proceed.
Yeah so i told my grandma i haven't been to the doctors or dentist in years and she made an appointment for me and she's going to take me she said it's important to go for check ups especially since you are a teenage girl
It's great to see your grandma's support. Remember, California law:
- Considers medical neglect a form of child abuse.
- Your grandma can seek custody based on these grounds.
- Consulting a legal aid will help in this process.
- Considers medical neglect a form of child abuse.
- Your grandma can seek custody based on these grounds.
- Consulting a legal aid will help in this process.
Yeah i have a question so I'm going to quote something my dad said and i was wondering if it's considered neglect
Of course, I'd be happy to help. Could you please provide the quote from your dad that you're questioning?
"Just stay home tomorrow I already loose to much sleep l'm not going to get * hrs sleep then pick you up and get * more then work"
Based on your quote, if your father's refusal to provide transport is limiting your access to essential services like healthcare or education, it could be considered neglect under California law. However, more context is needed to determine this.
So my grandpa would take me to school in the morning and my grandma would pick me up but after my grandpa had a stroke my dad would take me to school in the morning and my grandma would pick me up but my grandma couldn't always pick me up because she has a kid around my age and she has to take care of my mom they would also go to reno to visit family or for a vacation so she couldn't always pick me up from school and my dad would get mad because she would give a notice that day and he would lose sleep but my grandma said if i live with her that they'll take me because I'll be her responsibility I'll ask for homework whenever we do go because I'm willing to do good in school if i live with her
It sounds like a tough situation. In California:
- An inability to provide consistent transportation to school can be considered neglect.
- Your grandma's willingness to provide care is favorable in a custody dispute.
- Seek legal advice for the best course of action.
- An inability to provide consistent transportation to school can be considered neglect.
- Your grandma's willingness to provide care is favorable in a custody dispute.
- Seek legal advice for the best course of action.
Yes because i would miss a lot of school because my dad "couldn't take me and pick me up" because he didn't want to lose sleep i understand he would work a lot and he is a single parent but i should be his main priority
It's a difficult situation. Remember, in California:
- Regularly missing school due to a parent's neglect can support a change in custody.
- Your wellbeing is the priority.
- Consult with legal aid to understand your options.
- Regularly missing school due to a parent's neglect can support a change in custody.
- Your wellbeing is the priority.
- Consult with legal aid to understand your options.
Ive also been told because my dad threatens to take me away from my grandma and my mom's family that it's illegal in California to separate me from them
In California:
- Threatening to separate a child from their family can be seen as emotional abuse.
- If it's in the child's best interest, courts can prevent such separation.
- Legal advice can clarify your situation.
- Threatening to separate a child from their family can be seen as emotional abuse.
- If it's in the child's best interest, courts can prevent such separation.
- Legal advice can clarify your situation.
Yes but my moms family is the most supportive and loving family i can talk to them about anything and be open with them
That's wonderful to hear. In California:
- Courts do consider the emotional support provided by family members.
- This can be used in the decision-making process for custody.
- Seek legal help for further assistance.
- Courts do consider the emotional support provided by family members.
- This can be used in the decision-making process for custody.
- Seek legal help for further assistance.
When my grandma was talking to her sister about this she said she'll be there to support me during this
It's good to know you have support. Is there anything else you'd like to ask about your situation or the custody process in California?
Yes how serious does court take physical abuse during custody cases even if they were in the past? Because my dad has hit me before in the past i didn't take pictures of the marks but i remember them he'll probably admit to it too
In California:
- Courts take allegations of past physical abuse seriously in custody cases.
- Even without photos, your testimony is important.
- If your father admits to past abuse, it can impact custody decisions. Consult a legal expert for advice.
- Courts take allegations of past physical abuse seriously in custody cases.
- Even without photos, your testimony is important.
- If your father admits to past abuse, it can impact custody decisions. Consult a legal expert for advice.
Yeah i am going to print photos to show the court of text he sent threatening to hit me,pictures or my medical records showing that he hasn't taken me to the doctors(even though he regularly goes to his doctor) i have bank papers showing that he took money out of my account he has taken money out of my account for personal use my grandma has also heard him yelling and he also told her about him taking me away from her if i don't do good at home
It sounds like you have gathered substantial evidence. In California:
- Providing this evidence in court can support your case.
- Ensure you make copies of all evidence.
- Consult with a legal aid to guide you on how to present your evidence effectively.
- Providing this evidence in court can support your case.
- Ensure you make copies of all evidence.
- Consult with a legal aid to guide you on how to present your evidence effectively.
Yeah that sounds like a good plan I'm also going to have family members say how much my grandma has positively affected me
That's a good strategy. Having family members testify about your grandmother's positive influence can be very helpful. Is there anything else you'd like to know about child custody laws or procedures in California?
My dad says he'll take me away from my family just because i don't really like talking to his family but we are so different and they've said stuff to hurt my feelings before too
In California:
- Threats to separate a child from their family could be considered emotional abuse.
- Differences in familial relationships are considered.
- Discuss your feelings about your dad's family with your legal aid.
- Threats to separate a child from their family could be considered emotional abuse.
- Differences in familial relationships are considered.
- Discuss your feelings about your dad's family with your legal aid.
Yeah i don't think that's a good reason to take me away from my family
I agree with you. In California:
- A parent's personal feelings don't dictate custody decisions.
- The court's primary concern is the child's best interest.
- Discuss these matters with your legal representative.
- A parent's personal feelings don't dictate custody decisions.
- The court's primary concern is the child's best interest.
- Discuss these matters with your legal representative.
I've told my grandma if i don't talk to her at all in over a week to do a welfare check on me just in case he does that thank you for informing me that it is illegal to take me away from them
That's a smart move on your part. Do you have any other questions about this situation or other legal issues in California?
Yeah so my dad gets angry really fast and if he shows that in court by yelling or rasing his voice or putting people down will that help prove he is emotionally abusive?
In California:
- Courts observe a parent's behavior during hearings.
- If your dad's anger is displayed in court, it could support allegations of emotional abuse.
- Speak to your legal aid about noting such incidents.
- Courts observe a parent's behavior during hearings.
- If your dad's anger is displayed in court, it could support allegations of emotional abuse.
- Speak to your legal aid about noting such incidents.
I've also heard because my dads work schedule gets in the way of him taking proper care of me that can help support me and my grandma
Your father's work schedule affecting his ability to care for you is certainly relevant. In California:
- A parent's ability to provide consistent care is considered.
- If his work interferes with his parenting responsibilities, it can influence custody.
- Discuss this with your legal aid for guidance.
- A parent's ability to provide consistent care is considered.
- If his work interferes with his parenting responsibilities, it can influence custody.
- Discuss this with your legal aid for guidance.
My dad gets mad because i don't clean somtimes because he wants me to sweep,dust,mop,clean the bathroom, and help out around the house before i leave which is understandable i guess
It's normal for parents to expect some help with chores. However, if it's excessive or interfering with your wellbeing, it becomes a problem. Are you being prevented from doing other important tasks or responsibilities due to the cleaning demands?
No
That's good to hear. It's important to balance responsibilities. Is there anything else about your situation or the legal process in California you'd like to know?
Yes so will i need to help my grandma fill out the papers and after someone serves them what will happen if he doesn't show up?
Yes, you can help your grandma fill out the papers. If your dad doesn't show up:
- The court may issue a default judgment, granting your grandma custody.
- However, he'll typically be given a chance to respond.
Please consult with a legal professional for the precise procedures.
- The court may issue a default judgment, granting your grandma custody.
- However, he'll typically be given a chance to respond.
Please consult with a legal professional for the precise procedures.
Yeah i think I'm going to tell the person who serves the papers to tell my dad if he has any questions to call my grandma if that's legal if not I'll just have my grandma record our conversation just in case he yells and gets angry vis versa
In California:
- You can advise the server to tell your dad to call your grandma for questions.
- It's legal to record conversations with consent, but laws vary on this.
- Consult a legal expert for precise guidance.
- You can advise the server to tell your dad to call your grandma for questions.
- It's legal to record conversations with consent, but laws vary on this.
- Consult a legal expert for precise guidance.
Is it legal for my dad to want me to clean up after him like hanging his clothes or massaging his legs when they hurt or washing his dishes for him i don't mind helping out but if i don't he'll guilt trip me
In California, while parents can ask their children to help with chores, using guilt to manipulate them can be considered emotional abuse. If it interferes with your wellbeing, it's worth discussing with your legal aid.
Yes because i have very low self esteem from my dad constantly criticizing me but my grandma and my moms family has helped me be more confident
That's wonderful to hear. Remember, in California:
- Constant criticism that harms a child's self-esteem is often considered emotional abuse.
- The supportive role of your grandma and mom's family can be a factor in custody decisions.
- Discuss this with your legal advisor.
- Constant criticism that harms a child's self-esteem is often considered emotional abuse.
- The supportive role of your grandma and mom's family can be a factor in custody decisions.
- Discuss this with your legal advisor.
I also have pictures of the house being pretty unsanitary like there being black mold in the shower and the bed that i have to sleep on is very old about 12 years old and multiple people have used it it is staind and it constantly slides around i don't know if i should show those to the court
In California:
- Courts consider a child's living conditions.
- Photos showing unsanitary conditions can support your case.
- Discuss this with your legal aid before presenting this evidence in court.
- Courts consider a child's living conditions.
- Photos showing unsanitary conditions can support your case.
- Discuss this with your legal aid before presenting this evidence in court.
So i live with my dad and his parents it hos parents house and my aunt lives with us to she's not really that supportive though but my dads mom has threatened to slap me and has threatened to starve me when my dad was in the hospital one of the times i didn't want to go because i didn't want to see my dad sick like that she said "if you don't go I'll just tell your dad you weren't interested in seeing him" i never told anyone about her saying that before she also says stuff about my weight a lot and makes me feel bad about myself and she is more bigger than me
I'm sorry you're experiencing this. In California:
- Threats of physical harm or starvation are serious forms of abuse.
- Body shaming can also be considered emotional abuse.
- You should report these incidents to Child Protective Services and seek legal advice.
- Threats of physical harm or starvation are serious forms of abuse.
- Body shaming can also be considered emotional abuse.
- You should report these incidents to Child Protective Services and seek legal advice.
Yeah my dad says stuff about my body too and he says stuff about they way i dress
I'm sorry to hear that. In California:
- Criticizing a child's appearance can be considered emotional abuse.
- This kind of behavior can influence custody decisions.
- Discuss this matter with your legal aid for further guidance.
- Criticizing a child's appearance can be considered emotional abuse.
- This kind of behavior can influence custody decisions.
- Discuss this matter with your legal aid for further guidance.
Yeah my grandma never does that she is supportive of me
It's good to hear that your grandma is supportive. Is there anything else you'd like to ask about your situation or the custody process in California?
Another thing is i have to share a room with my dad and there is an extra room but they keep it for when my nephews come over my grandma was upset about that she says i need my own space and privacy
That sounds difficult for you. In California:
- Courts consider the living conditions, including the child's need for privacy.
- Your current living arrangements can be a factor in the custody case.
- Discuss this with your legal advisor for more clarity.
- Courts consider the living conditions, including the child's need for privacy.
- Your current living arrangements can be a factor in the custody case.
- Discuss this with your legal advisor for more clarity.
My dads parents always use favortism my dad says they don't go out and do things because they are older(because my grandma always takes me to go do things) but whenever my nephews are here they take them to do things and they say love you to my like everyone but me so it just seems unfair
I'm sorry to hear about your situation. In California:
- Favoritism causing emotional distress can be considered emotional abuse.
- Courts take into account the emotional wellbeing of the child.
- This situation may be relevant in a custody decision. Discuss this with your legal aid.
- Favoritism causing emotional distress can be considered emotional abuse.
- Courts take into account the emotional wellbeing of the child.
- This situation may be relevant in a custody decision. Discuss this with your legal aid.
So if my dad does try to separate me from my family my grandma can file against him?
Yes, in California:
- Your grandma can file for custody if she believes it's in your best interest.
- If your dad's actions are causing emotional distress, it can be used in court.
- Legal advice is recommended to navigate this process.
- Your grandma can file for custody if she believes it's in your best interest.
- If your dad's actions are causing emotional distress, it can be used in court.
- Legal advice is recommended to navigate this process.
Can i say that my dad invads my privacy too i have to feel the need to put a password on my phone i don't have anything to hide i just don't like people looking through my stuff i gave my grandma my password if anything happens to whee she needs it
Yes, you can. In California:
- A child's right to privacy is recognized.
- If your dad is invading your privacy, it could be considered as a form of emotional abuse.
- Discuss this with your legal aid for better understanding.
- A child's right to privacy is recognized.
- If your dad is invading your privacy, it could be considered as a form of emotional abuse.
- Discuss this with your legal aid for better understanding.
So can not taking your kid to therapy when they ask be considered emotional abuse?
In California:
- Not providing necessary medical care, including mental health services like therapy, can be considered neglect.
- If it's impacting your wellbeing, it could be seen as emotional abuse.
- Discuss this with your legal aid for further guidance.
- Not providing necessary medical care, including mental health services like therapy, can be considered neglect.
- If it's impacting your wellbeing, it could be seen as emotional abuse.
- Discuss this with your legal aid for further guidance.
Can my dad saying that i don't help around the house be used against me?
In California:
- A parent's complaints about a child not doing chores isn't typically a factor in custody decisions.
- The court's focus is the child's wellbeing and best interest.
- Consult with your legal aid to understand your situation better.
- A parent's complaints about a child not doing chores isn't typically a factor in custody decisions.
- The court's focus is the child's wellbeing and best interest.
- Consult with your legal aid to understand your situation better.
So a couple of weeks ago i wasn't feeling good my throat hurt super bad and i was looking for something to eat and I'll admit i was being rough with the fridge and my dads mom yelled at me could you please be careful with my things and then in an angry tine said if you are that hungry make a sandwich and i yelled what and the she got in my face and yelled "don't give me attitude little girl I'll slap you silly"
I'm sorry to hear about this incident. In California:
- Threats of physical violence, even if not carried out, can be considered emotional abuse.
- This incident can be part of your case.
- Discuss this with your legal aid and ensure it's documented.
- Threats of physical violence, even if not carried out, can be considered emotional abuse.
- This incident can be part of your case.
- Discuss this with your legal aid and ensure it's documented.
I'm pretty sure i had tonsillitis when that happened i showed my dad what my throat looked like and he said yeah that looks like tonsillitis and then his mom gave me some antibiotics but i only took one because i read up on them and people reported problems with their tendons from that medicine
I'm sorry to hear about your health issue. In California:
- Not seeking professional medical care for a child's illness can be considered neglect.
- Taking prescribed medication without a doctor's advice is risky.
- Discuss this with your legal aid and consider reporting it to Child Protective Services.
- Not seeking professional medical care for a child's illness can be considered neglect.
- Taking prescribed medication without a doctor's advice is risky.
- Discuss this with your legal aid and consider reporting it to Child Protective Services.
Yes i thought i should've gone to the er for that because i almost started crying from drinking water and it could've been something else and they gave me the wrong medicine which could've been bad
I'm sorry to hear about your situation. In California:
- Neglecting to provide needed medical care, including not taking a child to the ER when necessary, can be considered neglect.
- Giving a child incorrect medication is dangerous.
- Share this information with your legal aid and consider reporting it to Child Protective Services.
- Neglecting to provide needed medical care, including not taking a child to the ER when necessary, can be considered neglect.
- Giving a child incorrect medication is dangerous.
- Share this information with your legal aid and consider reporting it to Child Protective Services.
So based on everything is my dad considered unfit? And what about the household I'm currently in?
Based on the information you've shared:
- Your dad's actions could be considered neglectful and abusive under California law.
- The living conditions in your current home, including threats of physical harm and unsanitary conditions, could also be seen as unfit for a child.
Please consult your legal aid for more specific guidance.
- Your dad's actions could be considered neglectful and abusive under California law.
- The living conditions in your current home, including threats of physical harm and unsanitary conditions, could also be seen as unfit for a child.
Please consult your legal aid for more specific guidance.
Ok yeah because my grandma shouldn't be the one having to make appointments and take me to them that should be my dads job but she loves me and she says i need to go
It's wonderful that your grandma is supportive. Do you have any more questions about your situation, or is there something else you would like to know about the custody process in California?
Start a new chat