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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 11779
Experience:  JD, MBA
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I chatted on 8/31 with K. I'd like to chat with m again,

Customer Question

I chatted on 8/31 with Steven K. I'd like to chat with him again, but if he isn't available then another Family Law lawyer would be very helpful.
Submitted: 1 year ago.
Category: Family Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. Do you have any specific questions?

Customer: replied 1 year ago.
Good morning. Yes. I chatted with another Attn'y last weekend so I kind of need to tell you the story. My son got married. Had a son. Moved w/wife & fam to WV then PA. Wife has been messing around with I think 4 other guys now. My son left PA in Feb. (being threatened...) came home got a job (worked in WV & PA. Wife has issues. Never started working after hired.) always gave mother-in-law money for his son. She had temp guardianship in WV. Now my son is going to file divorce. CUSTODY OF MY GRANDSON IS MY CONCERN. They have nothing else together...no bank accts. no home. no furniture car or any other possessions. My grandson is with us now for the weekend. The mother in law mentioned to my husband that the guardianship moved with her to AZ. My son said it only was in effect in PA. My grandson is living with his mom grandma great & great great grandmas and three aunts uncles in a small three bedroom house. Mom is not able to take care of him on his own. (Going back to HS to finish).
I may have told you too much but want you to know almost the whole story. My husband and I are thinking we need to file for custody if my son doesn't.
1- Steven had mentioned something about emergency custody. And that it would be easier if my grandson is with us. Which he is until @7pm Sun. So what can we do now??
2 -what is the difference between custody & guardianship? What is better to do?
3- does guardianship mean I can make the desicions for my grandson?
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

Q: 1- Steven had mentioned something about emergency custody. And that it would be easier if my grandson is with us. Which he is until @7pm Sun. So what can we do now??

A:Unfortunately, there is nothing that can be filed in a court today or tomorrow. The earliest would be Monday morning. But I suspect that if you kept your grandson, the mother would contact the police, and the police would make you return your grandson (unless there is evidence of abuse). My suggestion would be to retain an attorney on Monday and ask him/her to help you file what is necessary to get guardianship over your grandson. I will, however, point out that it would be very difficult to win that type of case. There is a strong presumption that it is in a child's best interests to be with a parent rather than another person such as a grandparent. Accordingly, you'd have to prove that the mother is unfit. Also, this assumes that your son doesn't want custody.

Q: 2 -what is the difference between custody & guardianship? What is better to do?

A: The difference between guardianship and custody is semantics. When a parent has the legal right to have the child, that parent has custody. If a person other than a parent has the right to have the child, then that person is a guardian.

Q: 3- does guardianship mean I can make the desicions for my grandson?

A: If you were a guardian, then you could indeed make the decisions for your grandson.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
currently my son and his wife are married but not living together. If my husband & I file for guardianship our decisions would trump theirs?
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

If you were granted guardianship, then your decisions would trump theirs. The filing of a request for guardianship would not give you any rights at all. It's just the process to get started. You would not have the rights of a guardian until a judge grants your request.

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