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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32364
Experience:  Began practicing Family Law in 1992
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I am getting ready to take guardianship of my 13 year old great

Customer Question

I am getting ready to take guardianship of my 13 year old great nephew. He is mentally handicapped. His grandmother has had custody for the past 10 years. His natural father has been a "meth" user and I have put him into rehab. This young man's natural mother has been a prostitute and been in prison. She uses xani-bars (spelling). She works at a nursing home and this is where she gets some of her drugs. The grandmother has a gambling addiction. She has used this young man's Social Security, child support and another monthly payment from his American Indian heritage. Somewhere around 800.00 if not a little more, per month. I have documentation from her former husband to show the horrific misuse of this money. The grandmother has also signed and cashed checks which were in the young man's father name. Forgery? At times the checks came directly to her account. She had custody for a short time. She concocted a plan to use her name so Social Security would pay more money. I don't have all the facts but it is getting pretty messy. Since I will take guardianship/custody, what would be my recourse? I would prefer she not be jailed. Not sure how this would work. The young man needs the money to live on. I have paid all of his needs for months. For him and his father, I have put in at least 200,000.00 since October of 2014. With that being said, my feeling is that the money I spent is "well spent". He will soon be out of danger and away from that branch of the family. I know this should be done in the county in which the crime occurred. Oklahoma (Ottawa County) is where I will file. If I can get the money and leave her out of jail….fine. If the authorities must be involved….fine. I just want him to have the money he needs to live on. She has no proof of what she spent or where the money went. The grandmothers brother (young man's great uncle) has exposed himself to this young man. I will file with the police for that. This is in a small town. I am considering using an atty. from Tulsa, Oklahoma. This would cost a great deal of money. I have no doubt I will take at least shared custody if not full. I have a degree in child development and have always been involved with children in one way or another. Might someone be able to direct me as what kind of lawyer I should look for. What steps to take and anything else of value. I know its a lot to look at. Difficult to direct without more information. I could write a book. This is just the highlights. Thanks Susan
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. As far as what type of lawyer to look at there are two kinds that would apply in this case, and you may be able to find a lawyer that does both kinds. They would be Guardianship Law and Family Law. You can look on www.lawyers.com and search in the geographic location where the child is located to locate a lawyer. As to what steps to take, that's pretty hard to say since it is so fact intensive and, in addition, it depends on the trial tactics that your lawyer wants to use. Once you obtain guardianship or conservatorship under family law then you can apply for social security, child support, the Native american funds, etc.
Customer: replied 1 year ago.
I wanted to get the best steps to take. realizing the case is too complicated for a response online. not anyones fault. just is what it is. thanks
Expert:  JD 1992 replied 1 year ago.
Getting the lawyer is the first step and the only one that you can really take at this point because the rest of the steps depend on whether you decide to go the guardianship or conservator route. To recover the money a guardianship is likely the best route since you have more power there than in family law cases but the judge in a guardianship case can't order child support, health insurance, etc. The ability to get the money for the child in the future will automatically come whether you are appointed as guardian or conservator.
Customer: replied 1 year ago.
I think the case it too complicated for an online answer. I am not willing to pay more money to talk on the phone. I will just hire a lawyer in a nearby town. I sent an email to one specializing in guardianship cases. I hope he can guide me as how to have the grandmother and great uncle charged and get guardianship/custody. Lots of stress when a mentally challenged boy calls, begging me not to forget to come get him. Thanks Susan
Expert:  JD 1992 replied 1 year ago.
Best wishes to you.