QUESTION
Who will legally retain custody of my cousin's child?
Asked on Jun 22nd, 2015 on Child Custody - California
More details to this question:
My parents have raised my cousins child since birth. He is now 4. After abandoning her child on Molokai for 4 years to chase after her illegal husband (not married in the US), she is now being forced by that man to take the child back. Meanwhile she was telling my parents over those 4 years that she would sign the child over to them. Can you please help me.
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The best help I can give you is to suggest that your parents consult an experienced family law attorney in the county where they live, and very soon. While in general the question the courts must answer is what is in the best interest of the child, parents do have certain rights. They may not be inalienable, but they can be hard to defeat. The lawyer hey consult might suggest an action for custody, or perhaps a guardianship. Or may have some other ideas. But consulting and retaining one promptly is very important. A promise to let someone have custody of a child is not usually enforceable but again, the course of action which is in the child's best interest should prevail. Good Luck to all of you.
Answered on Jun 23rd, 2015 at 10:28 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The biological mother has superior rights. Your parents would have to prove her unfit.
Answered on Jun 23rd, 2015 at 2:54 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Your parents should consider filing a Petition for Guardianship at the earliest possible time.
Answered on Jun 22nd, 2015 at 4:56 PM