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Roger, Attorney
Category: Legal
Satisfied Customers: 28797
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have guardianship of my grandson (11 yrs old) since August

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I have guardianship of my grandson (11 yrs old) since August of 2012. We live in Ky. His mother, my daughter is in a detox/rehab facility in New London Ct. His father and my daughter never married. My granddaughter's guardianship was given to my eldest daughter, their Aunt. In July this year my granddaughter, (9 yrs old) came here to visit her brother for the summer. Mean while Ct courts were giving their father the opportunity to do a list of things for him to be awarded custody. He failed to do the required things. But he and his lawyer said my daughter, their aunt was trying to hide my granddaughter here. I tried contacting their father through his last known number, had his grandmother take a note to his house and facebooked him several times so that we could discuss about my granddaughter staying here with her brother and I. He did not respond until the middle of August. His only comment was"no sheneeds to come back to Ct!". So at the hearing on August 23 the judge took temp. Guardianship from my daughter, their aunt, took parental right from their father and granted guardianship to their other grandmother, their fathers mother. Whom is living off the state already in govt. housing with her daughters and granddaughter. She sees my granddaughter as another check. Their father has not sent any support for his son since October 15th, 2012, nor has he had any contact with him by ways of mail (like at Christmas, etc.) Or by phone. Nor did he or his mother try to contact my granddaughter the whole 6 weeks she was here. The only people that keep in contact with them is their paternal great grandmother and their paternal grandfather whom is divorced from their grandmother, the one who has guardianship now of my granddaughter. My grandson has turned around since living with me and my husband. We give him the positive attention he needs, he is in band at school, participates in sports and receives A & B's in school. Well my granddaughter wanted to stay with her brother here and begged me not to send her back to Ct. She was finally able to sleep thru the night without nightmares and wetting the bed. The courts are meeting again soon in next 1 - 2 months to finalize the guardianship of my granddaughter. She needs and wants to be here with us. Not someplace she hates and cries because she has to stay there. They both need positive affection, attention, stability, some place to call home and to be together. They haven't had this for most of their young lives due to their parents making a lot of wrong decisions and bad mistakes. So I need to know what and how I can do to get my granddaughter back here with her brother and guardianship of her? So they can thrive and have their childhood back.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.

The court is always required to do whatever is in the best interest of the child. Therefore, you would have the right to intervene/petition the court to name you as guardian instead of the other grandparent, or someone else. However, in order to do this, you would have to file a court petition and ask the judge to consider her being allowed to live with you.

The judge will look at the child's preference, home environment, family makeup, stability, financial ability to care for child, etc. The court certainly could find in your favor, but to throw your name into the conversation you will have to hire an attorney and appear in court. If you don't try to intervene, it's not going to be possible to gain custody.

Thanks for your question, and please let me know if you have any additional questions.
Customer: replied 1 year ago.

can i petition court myself without attorney and without going there in person, then go in person for the actual court date?

Expert:  Roger replied 1 year ago.
Yes, you can file your petition by mail and without an attorney. If you want to do this, you should contact the court clerk's office and see if it has forms that you can use in a guardianship case like this. If not, then it may be difficult to do this without an attorney because you need to have a proper filing.

Another option would be to ask the court clerk to mail you a copy of the petition filed by the other grandparent and use it as a template for yourself.

However, getting a local attorney to handle this would be the easiest and likely most effective, but if this is not something you want to do, then the above options are likely the best ones to choose from.

You would have to appear for the hearing, however.
Roger, Attorney
Category: Legal
Satisfied Customers: 28797
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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