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AttyCBradford
AttyCBradford, Lawyer
Category: Legal
Satisfied Customers: 588
Experience:  Attorney At Law
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How can we have legal guardianship of our granddaughter that

Resolved Question:

How can we have legal guardianship of our granddaughter that we have raised since couple months old & now over 3-1/2 yrs old? We live in WV & mother collects OH state benefits still. She has no physical, legal, steady address & now stays with a new guy in WV. Tried to explain this to OH DHHR & WIC Program few times, but was told need attorney. Husband is only income, I don't work for medical reasons 2 yrs before she was born so trying for SS Disability. Granddaughter should begin school soon, but no legal papers for us in WV. Mother has drug addictions, no driving license & been in/out of jail for many reasons + drug paraphernalia & a list cannot recall. Has only taken her overnite handful times in last yr & now sees her (finally) 3-4 days/week w/new guy that has 3 yr old-husband knows fami Father out of picture due to drugs, violence, no license & drunk driving & being in/out of jail..in jail w/manslaughter, driving drunk w/no license. What to do?
Submitted: 1 year ago.
Category: Legal
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

You would need to apply for guardianship of the child through the court system in WV. Here is a link to the process through the courts. http://www.courtswv.gov/legal-community/court-rules/MinorGuardian/contents.html You are going to also need a parental waiver from both parents

AttyCBradford :

To obtain this A parent may waive his or her priority right of consideration for appointment as guardian of the person or estate of any minor child. The waiver by a parent must be either: 1) made before the court on the record in the guardianship proceedings; or 2) evidenced by a written waiver signed and verified that is filed with the court in the guardianship proceedings.

AttyCBradford :

Essentially, if the mother and father agree to the guardianship then the court will grant it. If not, it becomes contested and the judge will hear argument as to why and why not you should be the guardian

AttyCBradford :

From the sounds of the case though you should not have a problem since you have been the stability in the minor child's life

Customer:

Both parents will not give legal guardianship. Mother of child is committing fraud in state of Ohio. Father is behind on child support.

Customer:

Mother is our daughter. Father has another child + 2 siblings that are raised by their maternal parents.

AttyCBradford :

You will need to file a petition for guardianship of the minor child in WV. You will then ned to serve all interested parties, meaning, mother, father and paternal grandparents. Then show up for the hearing and explain your basis for the request

Customer:

We have always claimed granddaughter on income tax also, except she claimed for 2012 taxes before we could. Our CPA advised us that we are only legal right but would be messy & get attorney to fight it, so we allowed this time but no again while she is with us.

Customer:

We have no legal/physical mailing address for either parent & magistrate said that is a problem. Paternal grandfather takes her few hours 1-2 times a month, since we have a mutual concern for child.

AttyCBradford :

Yes, for service then you will need them served or the Petition won't be heard. In WV the Petition must be served in accordance with Rule 4 of Civil Procedure which provides service in any of the following manners:

AttyCBradford :

RULE 4. SUMMONS
(a) Form. The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff. It shall also state the time within which the defendant must appear and defend, and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. The court may allow a summons to be amended.
(b) Issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons to be served as directed by the plaintiff. A summons, or a copy of the summons if addressed to multiple defendants, shall be issued for each defendant to be served.
(c) Service With Complaint; by Whom Made.
(1) A summons shall be served together with a copy of the complaint. The plaintiff is responsible for directing the clerk in the manner of service of the summons and complaint within the time allowed under subdivision (k).
(2) Service may be effected by any person who is not a party and who is at least 18 years of age.
(3) At the request of the plaintiff and upon payment of the applicable fees and costs of service, the clerk shall:
(A) Deliver the summons and complaint to the sheriff for service as directed by the plaintiff; or
(B) Make service by either certified mail or by first class mail as directed by plaintiff; or
(C) Forward a copy of the summons and complaint to the Secretary of State, as statutory attorney-in-fact, for service as specified by any applicable statute.
(d) Manner of Service. Personal or substitute service shall be made in the following manner:
(1) Individuals. Service upon an individual other than an infant, incompetent person, or convict may be made by:
(A) Delivering a copy of the summons and complaint to the individual personally; or
(B) Delivering a copy of the summons and complaint at the individual's dwelling place or usual place of abode to a member of the individual's family who is above the age of sixteen (16) years and by advising such person of the purport of the summons and complaint; or
(C) Delivering a copy of the summons and complaint to an agent or attorney-in-fact authorized by appointment or statute to receive or accept service of the summons and complaint in the individual's behalf; or
(D) The clerk sending a copy of the summons and complaint to the individual to be served by certified mail, return receipt requested, and delivery restricted to the addressee; or
(E) The clerk sending a copy of the summons and complaint by first class mail, postage prepaid, to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to Form 14 and a return envelope, postage prepaid, addressed to the clerk.

Customer:

He also takes father's other child regularly since she is older & has a close relationship existing. That is why he is trying with our grandchild to develop one also.

AttyCBradford :

You have a very strong case for guardianship and I suggest you file one promptly with the court to protect the minor child's interst

AttyCBradford :

if I have answered all of your questions please press accept and provide positive feedback so I will get credit for assisting you. PLEASE NOTE: this is a PAID answering service and we only receive credit for assisting you if you accept the answer. If you are not satisfied and need additional assistance, please ask before providing negative feedback and I would be glad to assist you further. Sometimes I am working with more than one customer at a time so please allow a chance to respond. Thank you and I wish you the best in your situation! I strongly suggest that you consult with a local attorney in your area on this matter. This information is provided for general informational purposes only and does not constitute legal advice nor has an attorney-client relationship been formed.

Customer:

Yes, I believe you have given me enough information to pursue in a more positive path than found other ways. I appreciate all your cooperation and will immediately move on getting guardianship or what is necessary for our grandchild. Thank you ever so much!

AttyCBradford :

Thank you and you are welcome. Please accept and provide positive feedback so I can get credit for assisting you

Customer:

I will do so now. Have a great day.

AttyCBradford :

you too :)

AttyCBradford, Lawyer
Category: Legal
Satisfied Customers: 588
Experience: Attorney At Law
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