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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33911
Experience:  16 yrs. of trial experience
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My son is deceased and s children live with the mother can

Customer Question

My son is deceased and his children live with the mother can she legally hand the children over to a friend since she is no longer capable of taking care of them. Please help me Yes I have been to court for grandparents rights!
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry....what do you mean "hand the children to a friend"

Are you asking if you can demand time with the kids?

Customer: replied 1 year ago.
she gave guardianship of my grandchildren to a friend. When I am their next of kin. What are my legal rights. I have already been to court for grandparents rights.
Expert:  P. Simmons replied 1 year ago.

THank you

You mention you have been to court...can you tell me what happened with this?

Customer: replied 1 year ago.
I have grandparents to have my grandchildren legally weekend a month
Expert:  P. Simmons replied 1 year ago.

Thank you

So what is your question today, please? Are you asking if you can go back to court and request more time with the children?

Customer: replied 1 year ago.
Sir no I am asking you can the mother legally give guardianship away when I am the next of kin?
Expert:  P. Simmons replied 1 year ago.

Thank you

She can...that is, she can name anyone she likes/trusts to be guardian.

There is no requirement that it be a relative.

Now...it is important to understand that ONLY a court can approve guardianship...so she can apply to the court to name a guardian...but the court has to approve the request.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.