QUESTION
Can I get custody of my granddaughter who lived in my home from the time she was born up until November 2011?
Asked on Nov 14th, 2012 on Child Custody - Illinois
More details to this question:
My daughter is incarcerated and she gave me temporary guardianship/ power of attorney over her daughter. What do I do in this case if the father is in the child’s life and the parents are not married? She is two years old.
11 ANSWERS
Steven D. Dunnings
Has the father been legally declared as the biological father either through an Order of Paternity or signing an affidavit of parentage(not to be confused with a birth certificate?
Answered on Jun 12th, 2013 at 12:59 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced guardianship/custody attorney.
Answered on Apr 30th, 2013 at 11:49 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You need a court to sort this out, and you need an attorney.
Answered on Apr 30th, 2013 at 11:44 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File a guardianship action in probate court. It is important you do this before the father files in family court. It will depend on whether the father is a decent parent.
Answered on Nov 15th, 2012 at 8:55 PM
Dennis P. Mikko
The biological father has rights to the child. Since you have guardianship, that provides you the right to take care of the child. Seeking a custody order would require the approval of your daughter. if the father is in the child's life you can expect that he would oppose any such motion.
Answered on Nov 15th, 2012 at 8:54 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Guardianship would be sufficient, however that can be revoked if your daughter later changes her mind. You can consider obtaining custody in loco parentis. The court would have to find that you have an established quasi-parental relationship with your daughter and that custody to you is in the child's best interest.
Answered on Nov 15th, 2012 at 2:30 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You might be able to file a petition for temporary custody by extended family. Consult with a local attorney. You need to have the parent's consent, or be able to prove certain facts.
Answered on Nov 15th, 2012 at 2:30 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer to your question depends partly on what the father will agree to as well as what the mother will agree to. Your statement of the facts is unclear as to where the child is now living and for how long. In Colorado a non parent has standing to seek custody if he/she has been a the primary caretaker for the previous 6 months, it sounds like the child has not been in your home for a year. You may or may not qualify based on some exceptions to the general rules so you need to consult an attorney about how to proceed and what your options are.
Answered on Nov 15th, 2012 at 2:29 PM
In reply, the best way to insure you retain guardianship over your granddaughter, is to file a Petition for Guardianship, presenting the facts regarding your daughter, the lack of marriage and/or paternity, along with the power of attorney for temporary custody. I would advise you to obtain counsel to assist you in the process.
Answered on Nov 15th, 2012 at 2:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is little you can do, unless the situation is actually dangerous to the child. I take it the mother is out of jail or prison. The biological parents rights over the child a strong in the law, much, much stronger than a grandparents. Consult with an attorney with the details of you concerns.
Answered on Nov 15th, 2012 at 2:27 PM
Do you have legal guardianship? If not, we can get the courts to grant you legal guardianship of the minor child. Is the father attempting to take the child or is he just visiting? How long will your daughter been incarcerated? Are you worried that when she returns she will take the child or are you okay with her doing so? As you see, there's not enough information here for me to adequately answer your questions.
Answered on Nov 15th, 2012 at 2:24 PM