Child Custody for Grandmother

In California a child of 13 is allowed to state a preference that carries weight in court. The judge has final say. You will need to go to Family Court to make everything legal. I suggest you consult a lawyer specializing in family issues. If you cannot afford one, you can obtain assistance for free at the family court. In SJ the aide office is downstairs in the court building on the corner of Park & Almaden Blvd. Best of luck to you.
L.

I think its 13...but that when deciding between parents...your situation is different. I would talk to a lawyer. Good luck! Lucky kid to have a grandma like you! - A.

I don't know where you live, but I believe that in California a 14-yr. old can make his/her own decision about where to live (with which parent). You will need to become his legal guardian first, though. It doesn't sound like it will be very difficult to petition the courts to appoint you as such, given the situation. I'm not a lawyer, but I hope that someone who is can guide you through this. Best of luck to you!!

The following information is not legal advice. There is a great web site maintained by California courts that has all the forms and discusses the legal guardianship process

http://www.courtinfo.ca.gov/selfhelp/family/guardianship/

There are, of course, a bucketload of forms that need to be filled out. You have to give notice to both of the parents that you are filing for guardianship. You may want to discuss this with them in advance so the forms don't arrive as a surprise. In California, if I remember correctly, a child aged 7 to 13 is presumed to have some influence on whom they chose to live with and a child aged 14 and over is presumed to know whom they want to live with.