QUESTION

If I attempt to get guardianship of my grandchildren can I lose them all together because of a 10 year old felony?

Asked on Oct 26th, 2015 on Guardianship and Conservatorship - California
More details to this question:
I have been raising my two grandchildren for 4 years now and both parents are in jail. Possibly going to prison. I want to apply for guardianship because my granddaughter is special needs and my grandson needs to start school soon. I'm worried because I have a felony. No violence or drugs and it's been 10 years now and no one else wants them. Will I lose them to the state if they deny me as their guardian? And will they deny me?
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1 ANSWER

Family Law Attorney serving Suisun City, CA at Law Offices of Russo & Prince
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I think that based solely on what you have said that you are not at risk of losing the children solely because you have a prior conviction - but there is more information that would help an attorney answer your questions.  What is the nature of your felony conviction? Is it the only conviction? Have you had any probation violations? Are you employed? Have you ever been charged with an offense relating to child endangerment, sexual abuse or neglect? Do the parents agree to the guardianship? 
Answered on Oct 26th, 2015 at 12:33 PM

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