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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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My child is 16 tomorrow, I have sole custody of her right

Customer Question

My child is 16 tomorrow, I have sole custody of her right now. I am thinking about being her guardian when she is 18 and having her go to a group home (she is special needs) she has alot of resentment for my idea and she she dont want me to be her guardian after she is 18. Can her not wanting me to be her guardian stop me from becoming so?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Yes, she can unless you have a court deem her to be incompetent and unable to care for herself.

Customer: replied 1 year ago.
She has alot of disorders and disabilities. Her mind set is that of a 2nd grader. She is not able to make norma decisions on her own. The psych evals can prove that and her counsilors as well.
Expert:  Samuel II replied 1 year ago.

Thank you. I understand. If that is the case, then I suggest a court is not going to listen to her opposition.

Expert:  Samuel II replied 1 year ago.

And if you have the documentation supporting the need for you to be her guardian, then that is what you need.

Customer: replied 1 year ago.
I hope so. she seems to think that a group home is a punishment but its the structure she needs. She dont want a stranger handling her money, so that would mean i should handle it because she knows me. How long does the guardianship apprioval last?
Customer: replied 1 year ago.
Ok that works and helps but how long does it last
Expert:  Samuel II replied 1 year ago.

It depends. If you can show that it needs to be a permanent guardianship then the court will order it for a lifetime. If the court feels that the structure of a group home may be helpful and therapeutic then it would order it on a temporary basis.

Customer: replied 1 year ago.
Oh ok. Does this process take about a year to complete?
Expert:  Samuel II replied 1 year ago.

Not necessarily. You could file the Petition for Guardianship and it could be placed on a docket. The tie up would come if your child wants to oppose it and the court appoints an attorney for them to protect the child's interest. Then it could take as long as it is going to take. It could be a year, or it could be 6 months. There are so many factors that could come into play it is difficult to give a definitive answer as to how long it will take.

Expert:  Samuel II replied 1 year ago.

I wish I could provide a more definitive answer.

Expert:  Samuel II replied 1 year ago.

I would appreciate a positive rating as that is how I get credit for my time and information. Thank you

Customer: replied 1 year ago.
Ok thanks for your help
Expert:  Samuel II replied 1 year ago.

You're welcome. Best to your and your family for 2016!

Expert:  Samuel II replied 1 year ago.

And thanking you in advance for a positive rating.

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