Juvenile law

A family member was recently convicted of a felony and is serving his sentence (4yrs). Due to the circumstances of the felony, his son became and is still a ward of the court and lives with his mother (wife of felon) until the next review hearing to be held next month. The mother is planning to divorce the father and move to another city as soon as the review hearing is over and the case is closed, but the minor child does not want to move and he wants to request the social worker to have him live with his aunt who lives in the same city he is in to finish his high school. The mother has become difficult to deal with, argues with the child and tells him she is seeking her own happiness, and is not really thinking of his well being. She has been seeing a man whom she plans to move in with as soon as the juvenile case is closed. My question is, what can the aunt, do if anything, so that the minor is placed with the her so that he finishes his school and so that that the minor doesn't end up neglected and away from his family since his mother is out seeking her own happiness? Just this week, the mom is out on vacation and has left the minor in another State, he's missing the whole week of school. The aunt tried to get background check clearance but it didn't come back in time. - Is this your question? Add additional information
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Answers (3)

Janet Lee Brewer

Janet Lee Brewer Avvo Pro

Contributor Level 7
How old is the child? If he's over age 12, California gives him the right to petition the court as to who will be his guardian. There is a significant preference for having a parent as guarding, but I've successfully represented children seeking to have someone else appointed as guardian when the parent has been irresponsible.

In the San Francisco Bay Area, there's an organization called "Legal Services for Children" that will find lawyers to represent children who are in the situation you describe free of charge. I presume that Riverside County is large enough to have a similar program (or maybe it's administered through a Los Angeles office). Worst case, you could contact LSC in San Francisco and ask if they know of a similar organization in southern California.

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John Gregory Nowakowski

John Gregory Nowakowski

Contributor Level 3
The thing to remember is that the overriding factor that family courts look at in custody/guardianship matters is what is in the best interest of the child. I agree with what Ms. Brewer said and would only add that if there are concerns about the mother's fitness as a parent, then the court should be made aware of them. If the mother regularly causes the child to miss school, leaves the child alone for long periods of time, does drugs or brings drug users into the home, can't afford to provide food and clothing, etc., then the preference for biological parents can be overcome. Of course, the aunt will be brought under similar scrutiny as to the kind of environment she could provide and whether it would be better for the child.
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C Logan McKechnie

C Logan McKechnie

Contributor Level 5
Your facts do not add up to the child being a 'ward' of the court. Wardship is for children who have committed some criminal-type of offense. It is most likely the child is a 'dependent' of the juvenile court and is being 'held' under a subdivision of Welfare and Institutions Code Section 300. The aunt needs to contact the County's Child Protective Service--and if the child is a 300--his social worker or his social worker's supervisior and advise them of these issues. The court has the ability--if it is in the child's best interest--to place the child with the aunt. The court will make that decision based--in large part on the social worker's report. The aunt should consider contacting and hiring a local lawyer is has experience in W&I 300 cases.
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