How do I get guardianship of my granddaughter who lives with me?
Asked on Oct 09th, 2011 on Child Custody - New Jersey
More details to this question:
My 9 year old granddaughter has been living with me since she was in the second grade. Her mother has substance abuse and mental health issues. How do I get guardianship/custody? I am the paternal grandmother. The maternal grandmother has not been involved however, has had her daughter remove the child so that they can benefit from state assistance.
It must be heartbreaking for you. You need to petition the Courts for a guardianship appointment. There is no easy way of doing it. If ther is any abuse of the child going on in that family, social services may get involved and support your efforts at guardianship.
You need to file a request for guardianship at your local courthouse. There are several "grandparents parenting again" groups across the state, these groups often offer assistance to grandparents with guardianship paperwork.
You need to petition the court for guardianship. You have to give notice to the biological father, however. You spoke of the mother and the other grandmother, but not the father.
In California, you would file a petition for guardianship. It can be complicated, so I would recommend that you contact an attorney regarding the specific facts of your case.
You may file a motion to intervene in an existing custody case, or you can file your own petition for custody or guardianship in the county in which the child has resided for the past 6 months.
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