By Sandy Skahen, Interim Supervising Attorney, Seniors Unit
When grandparents take over parenting their grandchildren, they are often overwhelmed with the daily tasks of caregiving and don’t have time to navigate the legal complexities of becoming decision makers for their minor grandchildren.
Orange County senior Rebecca’s (fictitious name) adult daughter Debbie (fictitious name) had given Rebecca her daughter Destiny to raise since birth. Destiny, now 21 years old, has learning difficulties and Rebecca was expert at navigating the system to obtain services and treatment for her special needs granddaughter.
She was so busy with Destiny that when her 12-year-old granddaughter Beth came for the holidays and announced she didn’t want to leave because she did not feel safe with her mother it took Rebecca unawares. What is more, Beth had complained to Rebecca about contact with Debbie’s live-in boyfriend. Rebecca could not allow Beth to go back to her mother without fearing for her safety and turned to the Community Legal Aid SoCal’s Seniors Unit for advice and assistance.
Petitioning for guardianship
The Seniors Unit paralegal and attorney assigned to Rebecca’s case prepared the paperwork to petition the court for guardianship of Beth. They attempted to mediate with Debbie and pointed out that as a special needs child, Beth would require the services and doctors’ appointments Rebecca, with her experience, could navigate and devote the time to obtaining for her granddaughter.
After months of talks, the matter was set for trial before a judge. The Seniors Unit team prepared questions and witnesses, and exhibits. After three days of trial, the judge made the determination that it was in the best interest of Beth to remain with her grandmother Rebecca.
Moving forward
Today, Rebecca reports that Beth is thriving in school and has even joined the band and drama clubs. Beth enjoys sharing a room with Destiny. Although they have their quarrels, the sisters are best friends, and Destiny understands Beth and the challenges they both face during visits with their mother, which Rebecca insists they have.
The way Rebecca sees it, the girls will always have one mother. It is complicated and challenging, but Rebecca keeps the lines of communication open with Debbie in the hope that her daughter will grow and mature and be able to maintain a relationship with Destiny and Beth in the future, when they are older.
The materials or product were a result of a project funded by a contract with the California Department of Aging and administered by the Orange County Office on Aging.
