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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have guardinship of my 3 year old granddaughter who has been

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I have guardinship of my 3 year old granddaughter who has been living with us for 14 months. Both parents signed over guardinship, now her mother has decided she wants her back. This is my son's daughter, neither of the have jobs and have admitted to smoking pot in front of my granddaughter when they had her. What are my rights?
Submitted: 3 years ago.
Category: Family Law
Expert:  Ely replied 3 years ago.
Hello,



Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.




It is highly doubtful that she would be successful in her petition. The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the guardian, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

In Mississippi, the following factors are considered especially important:

Age of the child
Health of the child
Sex of the child
Which parent has had the continuity of care prior to the separation
Which parent has the best parenting skills to provide primary child care
Which parent has the willingness and capacity to provide primary child care
The employment of the parent and responsibilities of that employment
The physical and mental health of the parents
The age of the parents
The emotional ties of parent and child
The moral fitness of the parents
The home, school and community record of the child
The preference of the child at the age sufficient to express a preference by law
The stability of home environment of each parent

Albright v. Albright, 437 So.2d 1003 (Miss. 1983).If they have little income and admit to drugs, then the Court will be very unlikely to hand over custody, especially if you have had her for 14 months already. One thing you should do is ask the Court to test them for drugs in a pre-trial motion to give you even more solid evidence.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



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Customer: replied 3 years ago.

Both parents will be 30 years of age within the next six months, so they are not young. They are no longer together, even though they are still legally married. They both reside and are residents of the state of Missouri. The guardinship was filed and approved through the courst system in Mississippi. We currently live in Mississippi but are military and due to transfer to California in August of 2011. My granddaughters mother has decided to quit school, which she has only gone to for one semester and find a job, a place to live so she can come get her daughter. I'm not sure how the guardinship will hold up in California. Sorry, but this has me very worried. Her mother seems to be unstable at times, has not held a job longer than 5 or 6 months since I have known her (5 years). I am worried about what would happen to my granddaughter if she was returned to this enviroment.

Expert:  Ely replied 3 years ago.
I completely understand your worry, so no problem. Guardianship WILL be upheld in California. States give each other's court orders full faith and credit so it will be as legally binding in CA as it would be in any other state. Furthermore, CA's courts use a very similar formula in their determination so if for some reason it ends up in California court, the outcome should be quite similar. In fact, see the factors used in a CA Court's decision:



(1) The health, safety, and welfare of the child.

(2) Any history of abuse by one parent.

(3) The nature and amount of contact with both parents.

(4) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. (California Code - Sections: 3011, 3020, 3024, 3040, 3042)As you can see, this is still in your favor.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”










Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86526
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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