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Family Expert
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Experience:  25 Years
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Can I get legal guardianship of my grandson

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My daughter became pregnant at 34 the baby''s father (not married) wanted an abortion. The father was not there during the pregnancy nor did he attend the delivery or sign birthcertificate. The baby is 18 months old and he has seen the child 4 times all at my duaghter''s calling and she has taken the child to his home. My duaghter has had off and on issues with drugs, when she found out she was pregnant she moved in with me so that she would have support from her parents and her brother baby''s godfather. After birth she has slipped back into smoking pot occassionally, not in my home or near the child She is in counciling with a drug addition physocologist. She has been on assistance since she became pregnant. Recently the father has given an ultimatium he knows she has smoked, he has said if we do not get guardian ship of the child he will go to court and file for custody to protect the child. Can we get guardianship what are the issues + or - ?
Submitted: 6 years ago.
Category: Family Law
Expert:  Family Expert replied 6 years ago.

Sure, you are eligible to apply to the court to be appointed guardian of the person and estate of the child - all you need to do is go to local county court house and ask the clerk for the forms, fill them out and file them and wait for a hearing.

I am sure that there must bemany local lawyers who have a reasonable package price for doing this.

By the way, the "father" has no rights whatsoever in this unless, and until his paternity is established by a court order.

All the best,

Family Expert, Lawyer
Category: Family Law
Satisfied Customers: 1291
Experience: 25 Years
Family Expert and 9 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Child services has just ordered a parenity test and ordered him to provide healthcare. My duaghter ask him to help with child support and he offered $360.00 a month which she accepted. he makes $4000.00 a month. SO where does this leave us? He has never requested visitation and has told me he does not love the child, my duaghter has sole custody and he has never tried to get visitation.
Expert:  Family Expert replied 6 years ago.

Child services will end up establlishing paternity and getting support from him which will be a lot more than $360/month - you can figure out the amount here: https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp

This will not, however, prevent your guardianship but rather the child support will come to you instead of the mother.

All the best,

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