I am the grandmother of a 7 year old who lives with me, 6 years now, the father my son(who has physical custody) agrees to let her stay there, he lives with his girlfirend for the past year now, and has daily contact with her, we have had no contact with the mother since Oct 2011 she is in arrears for about 5,000 + dollars in child support, she is supposed to pay $40 a week and just recently the state of MA has attached her check so we are getting that, also her mother's second child from another man, is a a Ward of the State, she lives with an ex con who deals drugs and has no real employment, my son does not pay for anything, I am supporting my grandaughter,I am the main contact for her school and her daycare, I also pay for all of it, including food, clothing etc. I would like to get legal guardianship of her would this be possible? What issues would arise,I do not want to lose her.
State/Country relating to question: Massachusetts
HiYes. You may Petition for the Guardianship. It would be great if you could get both parents to agree by signing the Guardianship of Minor form. If they do not agree, you will need to file the Petition and then serve both parents, even though your son is the one with custody.It is possible that once you begin this process the Mother as well as the Father may oppose it. If they do, the Mother may awake and file for Modification of the custody. If she does that, then it may be possible your son could lose his sole Custody Rights. It is also possible that your son may just come and take the child since he has the custody Order. There is alot to be considered. I suggest you may want to begin by feeling your son out on the issue and see if he would be willing to participate. But then you need to consider that if he does and the Mother files a Modification she can use the fact that he was in agreement to give up the child to your guardianship against him.Please note that if you need more information, you can use the Reply to Expert. Otherwise, I would appreciate positive ratings. This will NOT close your question. It will remain active for future follow ups.Thank you.
Would the fact that the mother loss her second child be a positive for my guardianship. She is a piece of work unfortunately for my grandaughter her parents are not up to par. Could we get this out somehow in court. I think my son would be okay with it.
HiOh sure. I think you have a great shot at being successful. I was only pointing out the things that could be an issue as that is what you inquired about in your original post.So I wanted to point that out as a possibility. It sounds as if the Mother is in no shape or have the proper environment to win custody. But that may not stop her from trying and causing a stink which means time, energy and possible money for a local attorney to assist.Please note that if you need more information, you can use the Reply to Expert. Otherwise, I would appreciate positive ratings. This will NOT close your question. It will remain active for future follow ups.Thank you.
General practice of law with emphasis in family law
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