Mom Is No Longer A Fit Parent

[Farrell440]

My niece has a 4 year old daughter (Jesse). They lived with me for over 3 years here in California and I have Jesse stay with me as much as possible now.

Mom has started using drugs again and is now living, with Jesse, in the home of the couple that sell the drug. Mom sometimes disappears for a day or two and leaves Jesse with myself or my sister, but she has started leaving her with the couple so, she thinks, we will not have knowledge of her comings and goings.

Jesse is showing the effects of mom's behavior, sometimes saying she doesn not want to go with her mom. She has what I believe is separation anxiety when taken to preschool by myself. Is tearful and anxious even though we always tell her who will pick her up and follow through with what she is told. I can only surmise that this reaction by her is because of mom disappearing for days which means we do not know when she will see mom again.

I want to get guardianship of Jesse so she has a safe stable home. Mom will not agree - she has already lost custody of her older child to his father due to drug abuse so does not want that to happen again, but does not want to do what is right for the child so it does not happen. I would rather do it without going through CPS, but I will do whatever is necessary for Jesse's sake. Please advise.

[LawResearcherMissy]

Surprisingly, California offers a "self service" option for petitioning for the guardianship of a minor.

Start with the handbook, then select the relevant forms and follow the instructions.