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LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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I have had temporary legal gaurdianship of my 7yr old granddaughter

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I have had temporary legal gaurdianship of my 7yr old granddaughter addie since she was a baby due to violence between her parents (which has not been an issue for a long time now) My mother, her great grandmother, is 79 years old, has shared this responsibility with me, but I let her take too much control, she even let Addie call her "mommy". Now that cara has petitioned the court to get Addie back, which i agree should happen,my mom is furious and has hired a lawyer to try to keep her. I am afraid to say the wrong thing to the guardian ad litum. They said that since I am the only one on the gaurdianship papers, she would not even be invited to court. I have a good career and stable, is there a chance they would actually transfer the guardianship to my mom due to Addie being comfortable there? In the meantime I am keeping Addie at my house as much as possible to help her transition.
Submitted: 2 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 2 years ago.

LADY LAWYER : Hello, Thanks for choosing! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : Your mother could file as a third party to ask for custody and will probably do so with her attorney. She will argue that the child is best served to stay with her. However, the court will always rule in the best interest of the child as that is the guideline. If you, Cara and the GAL agree that it is best for the child to be with her bio mom, then that is what the judge will order. I don't know of any judge that would think a 7 year old is best served to stay with a 79 year old, even if that has been her mother figure. If your daughter has resolved the issues that first allowed the child to be given to you, then the judge will reunite them. Just be prepared for your mom to make it difficult on everyone.
LADY LAWYER : If you have any further questions, I am most happy to answer them! I strive for an excellent customer service rating, so if you need any additional help with this, just let me know. If not, would you kindly consider a positive rating for me at this time? It costs you nothing further to do but it does allow the site to compensate me for helping you. Thanks!
Customer: Thank you that is helpful, they are asking her for proof of her job, the only problem is she gets paid cash, she is a dancer but not naked, in a bikini club. If this is a problem, maybe I should just take Addie and let cara get custody after she finishes school (she is getting a's)
LADY LAWYER : That could be an issue. Both the money and the job itself.
LADY LAWYER : It is illegal to be paid under the table and this could bring up other issues for her. Did she file the petition for custody?
Customer: She spoke to them, I don't know if that counts as filing, there is no court date, I was thinking maybe she should retract it?
LADY LAWYER : it's funny because the job really wouldn't be an issue but because the court already has jurisdiction over the custody issue, they are going to be much more strict
LADY LAWYER : If she filed a petition for custody, then yes, she probably should withdraw it.
Customer: Ok, then my mom will just have to file to take guardianship from ME then
LADY LAWYER : What you don't want is her being denied custody by the judge because it could hurt her down the line.
LADY LAWYER : Yes, but she will be less likely to get it than if she fought with your daughter at this point.
LADY LAWYER : Who assigned you temporary guardianship? Was CPS involved?
Customer: It was when she was about a year old, cps not involved.
Customer: Ok that's what I was thinking, let her fight me instead of my daughter
LADY LAWYER : Did you go through the court originally or did your daughter just notarized a form?
Customer: I went thru court
LADY LAWYER : Okay. For temporary custody, a notarized form from your daughter would have sufficed, unless she was against you having custody, which she may have been. In any case, that is a moot point now but I was just asking to see if court was even necessary at this point.
LADY LAWYER : In any case, do you think your mother will still petition if she knows Addie is staying with you?
Customer: She was against it, it was supposed to be temporary, my mom thinks she has adopted her!
LADY LAWYER : I am sure Addie fills a need to be needed in your mom and she doesn't want to give that up.
Customer: Oh my mom is furious with me, she has tried to keep Addie from cara as much as possible, and I should have stopped it a long time ago
Customer: Right, exactly, it's keeping her alive but that's not Addie's job
LADY LAWYER : Most often, the parties in a custody case are not thinking about the best interest of the child, but of themselves. You seem to be wanting to do the right thing here for Addie though and I congratulate you on that.
LADY LAWYER : So true.
Customer: Thanks, XXXXX XXXXX be a tuff transition, but I already have her referring to my mom as grandmama instead of mom
Customer: Thank u so much, I had a feeling she should drop it for now, the GAL will still want to investigate I suppose
LADY LAWYER : That's good. She probably will now that the petition has been filed, but in this case she should recommend Addie stay with you.
Customer: Phew!
LADY LAWYER : It has been my pleasure! Any further questions, please just let me know!
Customer: So cara should just call and retract?
LADY LAWYER : If she filed a partition, she will have to file a Notice to Withdraw Petition and just say she withdraws it. She doesn't need to give a reason.
Customer: Excellent service! Thanks again!
LADY LAWYER : Thanks so much! I have enabled the rating system now.
LADY LAWYER : And please, after you leave a rating, if you have any further questions about this whether now or in the future, just come back to this question and leave a reply and I will answer you within 24 hours. No further charge.
LADY LAWYER : Did you have any further questions at this time? :)
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience: Family Law Attorney
LADY LAWYER and other Family Law Specialists are ready to help you
Expert:  LADY LAWYER replied 2 years ago.
Hey Cathy,

I know this was your first time on so I thought you might not know how the rating system works. You should see a box with faces and ratings from "poor" to "excellent." In order for the site to pay their experts, they require that the customer leaves a rating of "okay" service or above. Leaving a rating costs you nothing further to do at all, but it is how I get paid for helping you. So if you would kindly leave me a positive rating at this time, I would certainly appreciate it! Thanks so much!

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