QUESTION

Can a judge grant guardianship based on what the person who filed wrote without any proof or evidence?

Asked on Mar 31st, 2014 on Child Custody - Idaho
More details to this question:
The paternal aunt filed for guardianship, she wrote a whole bunch of false horrible things about drugs, neglect and was granted without evidence. Even though the Child Protective Services and the police came to my home and both had no findings after a surprise visit and search of my home to where she had supposedly seen this stuff. The Child Protective Services had even said my house was neat and clean.
Report Abuse

2 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Yes, unless you defend yourself. You can lose by default, you either have to contest and rebut the allegations or they are deemed true.
Answered on Apr 02nd, 2014 at 6:56 PM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
She can get temporary guardianship, but you will have the opportunity to prove the lies. You need to get a lawyer to help you do this right.
Answered on Apr 02nd, 2014 at 6:56 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters