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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My daughter and grandson have lived with me since he was 3

Resolved Question:

My daughter and grandson have lived with me since he was 3 months old because she was unablt to care for him on her own. She is pregnant again...the baby's father is in jail on drug charges. I am pretty sure she is planning on leaving and taking my grandson after this baby is born. I have provided a vast majority of his support, both financially and emotionally, since he was 3 months old. Do I have a case for guardianship to protect him?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question. I happen to be a New Jersey licensed expert.

May I ask how old the child is at this time?
Customer: replied 5 years ago.

3 years old

 

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your patience.

Under New Jersey laws you do have sufficient grounds to pursue guardianship. As a general rule the courts look to the "best interest" of the child whenever custody or guardianship is pursued. In this situation since there is a significant bond with the child, the child resides with the potential guardian, and the parents could be deemed unfit, there is a legitimate argument to be made in court in seeking such rights. Be aware that the courts will need to base their answer also on the unfitness of the current parents (both of them). You would essentially have to argue that both the father and teh mother are unfit. Ways to show unfitness may be to provide the court with examples of:
  • a history of abuse
  • neglect
  • domestic violence
  • drug use
  • alcohol abuse
  • mental illness
  • criminal record/history/parole/probation &
  • moral turpitude

The more grounds that can be shown, the stronger the case becomes for guardianship.

Good luck.
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