How do i get guardianship of a 15 year old if her parents are not willing to it?

Asked about 4 years ago - Tracy, CA

My 16 year old has a friend that is 15, and she wants to live with us she has had a ruff life of abuse as a child and was left with her grandparents at age 7. When her grandparents get tiered of her being around they kick her out of the house for a few days. She wants to live with my family and i so that we can enroll her into school and let her enjoy what is left of her childhood, without the verbal abuse she gets from her grandparents. We live in Tracy CA and her grandparents live in Manteca CA both towns are in the same county, but the grandparents wont let us have guardianship and we recently found out they dont have guardianship either, her mother has custody but also wont give anyone guardianship she says that if the grandparents dont want her then she can learn to live on the street

Attorney answers (2)

  1. Troy Austin Pickard

    Contributor Level 17

    Answered . You need to hire a family law attorney who is familiar with guardianships. The guardianship application process is not easy, and would be extremely difficult for a non-attorney to navigate.

    Troy Pickard

  2. Rosemary Jane Meagher-Leonard

    Contributor Level 15

    Answered . Since the grandparents do not have custody of the child in question, they do not have the right to agree or not to agree to the guardianship. Although the mother apparently does not want to either care for the child or to grant guardianship to you, you may be able to obtain guardianship over the minor child. Also, as the child is 16, her wishes are taken into account by the court. Guardianships cases begin with the filing of a Petition for Appointment of Guardianship of Minor in the Probate Court. I urge you to contact an attorney in your county with experience in Probate and Guardianship cases. I have included a link to San Joaquin County Bar Association's Referral Service. If you require low cost legal assistance, they can probably refer you to someone.

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