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If both parents can be proved to be unfit parents, then grandparents may be awarded custody. Note that other relatives may be judged better custodians, particularly the uncles and aunts of the children, where there are similar age cousins.

Proving that someone is an unfit parent can be easy, if he/she is a habitual criminal, clinically proven as mentally ill, a drug addict or proven abuser of children. Abandonment also offers a strong case.

Otherwise it is very hard. Courts will support the child-parent link under even very adverse circumstances.

And BOTH parents must be declared unfit.

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15y ago
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14y ago

I'm in the process of trying to get custody of my grand daughter. I went to the family court buildig last week and was told that to open a case, I have to contact CPS first. They do an investigation, and it then goes befoe a judge. So the first thing you have to do is contact Child Protective Services and get a social worker.

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Q: How can a grandparent get custody of grandchildren ages 4 8 9 in California?
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