QUESTION
How do I go about getting guardianship of my granddaughter?
Asked on Apr 22nd, 2014 on Child Custody - Rhode Island
More details to this question:
I want to gain guardianship of my granddaughter from the step father, but not sure if that is possible. There is not been a DNA test done, and just because they were married when she was born he is considered as the "legal" father. He and my daughter are now divorced have been for years, he is remarried and has two children of his own. My daughter has had her removed from her home. I had temporary custody of her from March to April.
3 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The legal father is the father and not a step father. He has absolute rights to the child and you have no basis to get the child as long as he is a fit father.
Answered on Apr 23rd, 2014 at 2:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, first if she is in a stable home environment, you probably cannot. If dad is providing for her and taking care of her, not abusing her and there are no drug or alcohol problems, there is no basis for the guardianship. I suppose you could ask for a DNA test, but if it shows he is not the father, now you will have to contend with some stranger who is. And I can see a court denying the DNA test because your granddaughter is in a healthy environment with a loving father and why take her away from that. However, if there are problems with the home life, you might have a shot. You need to talk with a local family law attorney to understand your options.
Answered on Apr 23rd, 2014 at 10:37 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are fighting an uphill battle, see an attorney with the details.
Answered on Apr 23rd, 2014 at 5:40 AM