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I am a adoptive grandmother of two boys 3 1/2 and 1years old.

 
Dave Kennett's Avatar
  • Answered by:Dave Kennett
  • Lawyer (JD)
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Customer Question

I am a adoptive grandmother of two boys 3 1/2 and 1years old. The 3 1/2 year old certainly has a mental disability that has been neglected since birth. He has autism and no medical or intervention is being sort after.   They are right now homeless and being pulled from house to house for they have no permanant residence. The mother has mental issues also. She has been diagnosed that she is bipolar and has fetal acholic syndrome. I and my family have endured many battles with her in and out of short term and one long term mental facilities all for her life. Numerous ACS cases for her lack of stability However, she will be turning 21 years old on the 19 of this month. I want to seek guardianship of the boys. I have no finacial resources. As I stated I am the adoptive grandmother and her and her sister both have two children each with no jobs that I have been financially responsible for for years.

 

Location: United States, New York
Optional Information:
State/Country of Question: New York

Already Tried:
Nothing have no real rights to do anything

Submitted: 1021 days and 8 hours ago.
Category: Legal
Value: $18
Status: CLOSED

Accepted Answer

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Expert:  Dave Kennett replied 1021 days and 7 hours ago.

DearCustomer- I'm not certain if you adopted the mother or exactly how you are the adoptive grandmother but the fact the mother is turning 21 is not relevant to anything in this case. What you will need to do is file a motion for custody of the children. This will need to be filed in the county where the children reside and will have to be based on the fact that the mother is unfit.

 

I could not tell from your facts whether the there is a father involved but if so he would also have to be served with the motion. If you cannot afford an attorney you can contact legal aid or child services in your area for legal assistance. Based on these facts child services should be contacted in any event to protect the children. You could then apply for temporary placement until a permanent custody decision can be made.

 

Right now the most important thing is getting the children out of the mother's care, or I should say lack thereof. The mother's age is irrelevant to the case.

 

Dave Kennett

Expert TypeLawyer (JD)
Pos. Feedback: 99.4 %
Accepts: 9146
Answered: 8/5/2009

Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations

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