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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16475
Experience:  Licensed experienced Attorney
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My oldest daughter has submitted an emergency petition to get

Customer Question

My oldest daughter has submitted an emergency petition to get guardianship of my minor daughter. My husband who I was estranged form just died.

Custody was never decided in the case.

My current divorce attorney says he won't do another thing since my spouse has died.

So how do I fight my older daughter's request?
Submitted: 5 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 5 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

What are the grounds for the guardianship that your daughter is seeking over your other daughter?

Who has physical custody of the minor daughter now?
Customer: replied 5 years ago.
suspected dementia, suspected substance abuse, and suspected bi-polar disorder.

Custody was not determined because I filed for divorce and he contested the divorce because he was dying and needed the health insurance.
Expert:  Alex J. Esq. replied 5 years ago.
Why is your divorce attorney refusing to help your with this matteR?
Customer: replied 5 years ago.
Good question.

He told me that the divorce proceedings ended with the death of my husband.

Expert:  Alex J. Esq. replied 5 years ago.
If you do not agree with your older daughter's petition to become a guardian of the minor daughter, you would need to consult with an experienced local child custody attorney who can represent you in the custody proceeding and protect your legal rights.

Generally the court would have to establish that you are unfit to have a full custody of your minor daughter due to confirmed mental illness and/or drug addiction/abuse in order to avoid guardianship to your older daughter.

An experienced local child custody attorney will be able to represent you in this proceedings and present evidence that you are fit to be a full custodial parent and rebut the allegations that your older daughter is making against you.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
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Customer: replied 5 years ago.

thank you

So then I should find a child custody attorney rather than my divorce attorney and the child custody attorney can represent in probate court??

Is that right?

Also why do you think my divorce attorney won't help me in this matter?
Expert:  Alex J. Esq. replied 5 years ago.
1) Actually I would suggest a child custody attorney who has experience contesting legal guardianship cases in probate.

2) Your divorce attorney might not have experience in this field and/or might not want to be involved due to personal reasons or the fact that he might be simply to busy.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!
Customer: replied 5 years ago.
How common is this problem? I mean will it be easy or difficult to find an expert for this?

Also will the adult children be allowed to testified here ? I know in divorce court they are not but will it be easier now to testify against me?

since the father is dead and I am fighting against my daughter in probate court?
Expert:  replied 5 years ago.
You should not have trouble finding a lawyer who is an expert in the field.

Also adult children might be allowed to testify in the probate proceedings as witnesses.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!
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