Dear Editor:
In this day and age, grandparents often are in the wonderful position to be able to assist their children in raising their grandchildren.
However, times are difficult and often grandparents are called upon to take custody of their grandchildren, this situation presents itself in cases of drug addiction, financial insecurity, illness and for many other reasons that leave a parent with the inability to care for a child.
In a situation where the parent of a child has left a child in the care of a grandparent without a court order, the parent can come back to retrieve the child at anytime, even if the parent is not fit to support and care for the child. This is often very harmful for the child, who may be receiving the security that the child needs through routine, school and the loving care that grandparents provide, which the parent did not or could not
The current status of California law as it applies to grandparents is as follows:
"[I]n any proceeding involving the custody of a child, [former Civil Code section 4600] requires that custody may be awarded to a non-parent over a parent only after a finding that an award of custody to the parent would be detrimental to the child and that the award to the nonparent is required to serve the best interest of the child. [Citation.] This requires 'a clear showing that such award is essential to avert harm to the child. A finding that such an award will promote the "best interests" or the "welfare" of the child will not suffice.'"
That being said, it is up to the court to decide if you (the grandparent) have shown evidence that is “clear and convincing” as to the best interest of the child(ren), to be placed with the grandparent. At the very least the law should guarantee all grandparents reasonable visitations with their grandchild . In my practice I have seen children taken from the grandparents who raised them even after several years. Some children have been placed for adoption, and adopted by people outside the immediate family, this is a tragedy for our families.
I would like to change the laws to enable grandparents to have rights! Please support me in my run for 36th Assembly District, where I can make the future of our children brighter!
Sincerely yours,
Steve Fox
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