His sons visitation with Mom are at his own discretion but he has no desire to see her due to violence at the hands of stepfather. Boyfriend is in court proceedings. If jail is imminent how can his son legally stay with me? His son is scared he will go back to mom and stepfather. We are in San Joaquin county CA and mom is in Mariposa county CA. Options we have looked at include guardianship, conservatorship, emancipation and adoption. We have unable to get clear direction by research alone and seek legal advice from a family law expert.
You have no rights to the child. If your boyfriend goes to jail another family member can open a guardianship petition and ask the court to make orders.
This is not a conservatorship. This is not emancipation. Adoption requires termination of parental rights and based upon these facts that does not seem to be an option.
I am not sure about seeing a family law expert, I have never heard of such a person. I have heard of attorneys that practice in this area of law. You need to speak to an actual attorney. This is a complex area of the law.
Dawn M. Saenz is licensed to practice law in the State of California and the California Supreme Court, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
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