QUESTION
I just want to know if it still means my grandmother has custody of me or not?
Asked on Jun 27th, 2013 on Family Law - Michigan
More details to this question:
In 2002 on September 9th my mother and my grandmother wrote out an agreement saying (fake names) and gives permission for my mother, to have legal custody of my children age 13 and age 6. I agree to help for food and clothing and medical as needed. I have permission to take the children on weekends or holidays as I wish. My mother has all permissions for school outings and getting to and from school" and then underneath that it has my mom's signature my grandmothers, my sisters and mine as a witness. It's been printed off a computer and it's no legal form that I know of. And also to add a month later on October 22nd 2002 there was a restraining order to prevent abuse that went through court an passed.
4 ANSWERS
Collections Attorney serving Cleveland, OH
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Nancy Fioritto Patete
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Is this an agreement that you all put together privately without the approval of a court? Then it probably has no legal effect. Parental rights and responsibilities are to be removed by a court of law. It's not clear from your question who the restraining order is against.
Answered on Jul 02nd, 2013 at 8:12 PM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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At best this agreement was a temporary guardianship, which is only good for 6 months. Unless there was some kind of extension or renewal every 6 months, or some kind of court order entered, the agreement is not valid for your grandmother to still have custody. However, that may leave you in some kind of legal limbo if you are not yet 18 years old (if you were the 6 year old, as the 13 year old would be over 18 now). Perhaps the answer depends on why you need to know and what you are trying to do? For that, you should ask the direct question, or consult with an attorney.
Answered on Jun 28th, 2013 at 4:27 PM
It would seem as if she has been given all the rights to provide health care etc. However, the agreement is not a legal document that could be upheld if challenged. The signatures were not notarized. There was no court approval. But if it is working, don't rock the boat. Otherwise, an attorney could help sort this out and give you advice on what needs to be done.
Answered on Jun 28th, 2013 at 1:20 PM
Dennis P. Mikko
Without seeing the agreement it is difficult to answer your question. However, as a general rule, unless there is a court order establishing custody, such an agreement would not be binding. The other question is how old are the children now. Your question says the agreement was in 2002. If any of the children are over 18 the agreement would have no effect on them. You should have the agreement reviewed by an attorney who could then provide more solid advice.
Answered on Jun 28th, 2013 at 12:32 PM