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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My 4 year old grandaughter has been living with me with her

Customer Question

My 4 year old grandaughter has been living with me with her father. He has custody. Last night he got into alot of trouble and is in jail in Vt. He was on parole in NH and he will be in jail a long time. This has been her home for years. Right now she is with her mom in Vt. she has visiting rights but refuses to pay child support. The district court knows this. She doesn't like to go to her mothers because she's afraid of her boyfriend. My husband and i are both retired and have our own home. Can you please advise me on how to get custody or guardianship. Thanks, ***** *****
Submitted: 4 months ago.
Category: Family Law
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 4 months ago.

You would have to file a petition for legal guardianship of the child, and name both parents as parties. If the parents agree to you having guardianship, they can sign a waiver and agreement for the court to award custody/guardianship to you. If they do not agree, you would have to serve them.

Expert:  Roger replied 4 months ago.

The petition can claim that the child has lived with you, is comfortable with you, and that the child is better off with you, then the judge is likely to award guardianship to you.

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