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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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I raised my granddaughter most of her life, she is now 6, how

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I raised my granddaughter most of her life, she is now 6, how would I go about trying to get custody of her, would I have a chance?
Submitted: 1 year ago.
Category: Family Law
Expert:  Brandon M. replied 1 year ago.
Hello there:

Thank you for your question. I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, are you familiar with guardianships? Guardianships grant a non-parent (usually a grandparent) custodial powers like those that a parent would have. Follow this link for information on how to start that process: http://www.mncourts.gov/selfhelp/?page=1207

I have no way of assessing the chances of prevailing in your specific case, but where a minor child's parents have been significantly absent in rearing a child for a significant period of time, the caretaker is typically in a legally strong position to be awarded a guardianship.
Customer: replied 1 year ago.

My daughter has stopped me from seeing my granddaughter for 2 weeks now. This started when i confronted her about welfare fraud. (her husband and her separated back in Dec. she filed for child support, (they have one boy together he is 16 months old.)food support and medical. She is still receiving these benefits. He was only out or their home for 2 weeks. They fight in front of the kids allot. Monica whom is my granddaughter is hardley ever there but when she is, she sees this. When i became aware of the welfare fraud. I told them that what they were doing was e legal. (they take support out or his check.she gets it, but does not claim his income or reports he lives there.)


About one week later i found out that she was taking my granddaughter to a place that is not a good environment plus in a situation that can harm her emotionally and physically. She told me don't worry about it she is my daughter! I told her that if i had custody of her that she would not be put in that situation.


The next day i went to see my granddaughter. My daughter and I got into a verbal argument and she said i was never going to see my grandkids again. I told her why do you keep putting your kids in these situations? I then said That i was going to fight for custody of Monica and she said go ahead and try. That afternoon she had me thrown in jail. Claiming that i physically abused her. (which is not true) So now i am not able to see any of them. She figures that this will stop me from seeing my grand kids. My other son and his wife tell me that i should do what i can to get to get custody. I am NOT a wealthy man. What can i do?

 

Expert:  Brandon M. replied 1 year ago.
The legal mechanism for taking custody over a child from a parent and giving it to a non-parent is the guardianship process.
Customer: replied 1 year ago.
What things do I need to collect or should I gather?
Expert:  Brandon M. replied 1 year ago.

Under Minnesota Rules of Evidence 401:


“Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

 

When preparing for a contested matter, a party should collect and gather all relevant evidence.

Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12235
Experience: Attorney experienced in all aspects of family law
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