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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18091
Experience:  B.A.; M.B.A.; J.D.
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My biological sons' mother is unemployed and homeless.

Customer Question

My biological sons' mother is unemployed and homeless. Instead of contacting me, his father, she granted guardianship to her mother. Along with my son, a minor, she gave her mother guardianship over her other two minor children. Her mother, my sons' grandmother, doesn't even have her own residence. She is still living under her mother's roof.
It took ten months for me to hear anything about it. The only way I found out was because I received a child support re-evaluation and I made a couple calls to the courts whom then decided to let me in on the situation.
I have been paying child support for ten years and I have been getting the door in my face on my visitation. How can I prove that I am a man mentally and physically capable of providing for my child? Why wasn't I notified from the courts from the get go?
Submitted: 5 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 5 months ago.

I am sorry to read about your difficulties.

As the father who has been in the picture and paying child support over the years, you are an interested party in the Guardianship case and you should have been notified. You need to check the Court documents to make sure that the mother did not lie that you were notified when you were not. The Court was not supposed to proceed with the Guardianship case if you were not notified. In any event, if there was certification that you were served when you were not, then you need to file Motion to Vacate the Guardianship because of lack of notice to you. At the same time, you need to file Complaint/Application for Custody and tell the Court why you should be given custody of the child.

In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the child, etc. If the Court finds after reviewing these factors that the child would be better off living with you, the Court would grant your application for custody; your child support Order would also terminate since you now would have custody of the child. Otherwise, the Court would deny your application. So, it is very important that you tell the Court any and all reasons why your application for custody should be granted just like you did in your narrative here; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.

You can obtain complaint and Motion forms at the Courthouse in the Clerk's office.

Best wishes,

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