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Recent Guardianship questions

I just had guardianship of daughter renewed in Wagoner Co.

I just had guardianship of daughter renewed in Wagoner Co. Ok i n May of 2016. I sent her down to see her mother for the summer. Today I get a phone call saying that she not coming back to Ohio that she staying in Oklahoma. The mother told she has the right to stop the guardianship cause she did it voluntarily but she is still on probation for felony.For for at least another year. Does she have the right to do this ?

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

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My brother and s girlfriend had their child taken away at a

My brother and his girlfriend had their child taken away at a week old due to injuries that were sustained. Nobody supposedly knows where they came from. He is almost a year now. There is a hearing scheduled in December to find out if the parents will get him back or if he will go up for adoption. My brother went to jail yesterday for domestic violence. His girlfriend had her 2 daughters taken away as well. I just found out this nephew exists. Is there any possibility that I can adopt him, take custody or guardianship of him if I live in California and am merely the aunt? Will they get him back?

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Alex J. Esq.

Managing Attorney

Doctoral Degree

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S (my first cousin) daughter Rena married a man and had

Betty's (my first cousin) daughter Rena married a man and had three sons by him, this was over six years ago. In January of 2010, Rena had a very bad stroke shortly after the birth of her last son. She almost died. After a stay in the hospital, Rena came home to live and be cared for by Betty. The last son came there shortly after birth to love there with Betty until recently when his father took him back. Rena has been in Betty's care there at the house from 2010 until the present. Rena's husband found a new live-in girlfriend a few months after Rena's stroke. He has not divorced her.Her husband has not contributed to her care out of his pocket monetarily at all. He applied for Medicare, Medicaid and Social Security. Needless to say, if there is any money coming to Rena, her husband is collecting it all. At first Rena was receiving home health care whereby: nurses would come to house to care for her, she could get supplies, therapy and such. Her husband has cut off the services Rena was getting, so she is not receiving any help or services beyond what her mother is doing for her. Her husband did not work for the first three years after Rena's stroke, however he is working now. He claimed Rena and the baby on his taxes even though they were not living with him. He still claims Rena on his taxes. He was bought about four vehicles since Rena's stroke. This is a heart wrenching situation, and he is a despicable human being!!!Betty has kept good records of all dates, times of any hospital visits. Betty and her husband Maurice are retired and on fixed incomes. They have kept records of monies they have spent out of pocket for their daughter.1. Is any of his behavior concerning Medicaid, Medicare, Social Security illegal?2. Is his claiming his wife and infant son on his taxes illegal?3. He is committing adultery, can Betty sue for divorce on behalf of Rena? At least this way Rena can receive the services that he needs.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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My granddaughter is 14 years old and has been living with

My granddaughter is 14 years old and has been living with her mother and two sisters. The situation is intense living there and her mother is trying to force her to go live with her father who is abusive, and her step mom is even more abusive to her. I have offered to take care of my granddaughter and so has her great-grandmother. She is with me right now and both of her parents are insisting that I turn her over to them now. What can I do to prevent her from having to go back into living in such a bad environment? I need help today. They are threatening me with kidnaping charges if I don't turn her over. She is very depressed and scared .

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Roger

Litigation Attorney

Doctoral Degree

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A good friend has asked that I petition guardianship of her

A good friend has asked that I petition for temporary guardianship of her 5 year old daughter (for whom she has been the primary care giver since birth).About three months ago the child's father sought out and received emergency custody and a restraining order against the mother (after a domestic dispute in which the mother became violent). The father wanted to allow the child to finish out her school year, but, because he lives about an hour away, asked the maternal grandmother to care for the child during the week (The maternal grandmother and the mother are not on good terms, and mother wants grandmother to have nothing to do with the child). The grandmother then unexpectedly filed for guardianship. This is not desired by EITHER parent for a myriad of reasons.The mother has requested my petition for guardianship to ensure that the grandmother is not granted hers. The child has been living with grandmother 5 days a week for the past 2.5 months and seems to be doing well. However there is concern that grandmother's husband is an alcoholic and has lost rights to his own children. Additionally, the Grandmother has lied in her statement to seek guardianship (making claims against the mother) and we have on record from several other family members her admittance of lying. Mother and Father both believe that Grandmother is manipulative and trying to take child away from them.My main question is this: I am only able to care for the child 2-3 days a week, and I live 2.5 hours away. However, I do have a positive relationship with both parents, a safe clean home with a bedroom for the child, and can facilitate conversations around custody and visitation issues that the Grandmother cannot. Is this sufficient for a judge to warrant a guardianship? Or would I need to show that I am able to meet the needs of a child full time? Would I even be considered against a biological grandmother? I am trying to figure out whether it is worth my time and effort to try.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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I would like to find out what I can do to get my son back

I would like to find out what I can do to get my son back from my aunt who was appointed legal guardian. The case was originally due to the fact that I was an addict and my aunt stepped into help so my son didn't get put in foster care. All of this took place 9 years ago. It took me a while to get my stuff together and I will have 8 years clean in September. The case started in 2007 and I didn't find a rehab that worked for me until 2008. At that time the case had been open for a year. I tried other rehabs and failed during the begin and then I was heading into CRI-HELP rehab in North Hollywood. I was in this rehab for 11 months and during that time my aunt would bring the boys to visit. I stayed in rehab and did a lot of work on myself. By the time I completed the rehab in 2009 I had found a job and was able to return to my fathers house. I was able to get back on my feet. I continued to have visits and then my aunt asked for permission from the court to move to Las Vegas. That had taken place in 2010 when the court gave my aunt the guardianship of my son but I kept my parental right. My aunt was given the okay to move. From there a lot has happen but the part that important was that Michael was going great and she had found him an amazing school and he was excelling. I continued to work out visits during the holidays and summer. So that's how it has been and up until now. My relationship with my son is great and I felt like I was doing what was best for him and what he wanted by keeping him with my aunt and not fighting to move him. Now which brings us to why I need help, there have been situations that have happen and my son wasn't given proper care or attention to the situation nor was I made aware of it. i had other family members come to me to let me know what had happen. The situation that occurred took place just over a year ago. What had happen was my son at 14yrs old was sexual with a families pet chicken. After i heard that information I was trying to see if I could talk my aunt into allowing him to come live with me and that way I would be able to get him help. Well just about a week ago my aunt called last minute and said that they are coming down and Michael could come stay with me for a couple of weeks. I wasn't made aware that he has been failing all his class at school and has to do summer schools for a couple of classes. So that is how she dropped him off. Lots to deal with not only the situation I just found out but now the school issue. He has been here with me and I had gotten him to focus and we have even sat down to discuss the situation. I feel that my aunt hasn't been doing her part to guide and direct him properly and that it would be in his best interest for me to move him back with me. My aunt isn't going to do this without a fight.I know I have shared a lot but I just want you to know that I really need someone's help right away.

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JD 1992

Juris Doctor

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My mother has Alzheimer's Disease which has progressed to

My mother has Alzheimer's Disease which has progressed to the point that her short-term memory is about 5 minutes. She wishes to remain in her home and refuses to relocate, even threatening suicide if forced to relocate. However, it is not safe for her to remain in her home alone. She denies having Alzheimer's, thus, in her mind she is perfectly capable of carrying on with her life as she remembers it -- last year and before. Since November 2015 She has been traveling between Washington (her residence) and Oklahoma (my residence), with me, both of us staying 1-2 months in each place. My brother has POA and Bob of us are listed on her living will. In my opinion, Mom doesn't understand the consequences of her decision to refuse to participate in relocation. My brother and husband and I have discussed taking her on a trip to Oklahoma and then just not returning to WA. I can't think of any of her other family members or friends who would disagree with or contest our plan. what the legal implications of such a plan? Do we have to obtain Guardianship in order to sell her house, etc.?

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Phillips Esq.

Attorney

Juris Doctor

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What forms do I need to obtain guardianship developmentally

What forms do I need to obtain guardianship for my developmentally delayed son (age 17, soon to be 18) in the state of Oregon. I will want to have full control of all financial and medical (my husband can be co-guardian if need be).

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I gave my parents guardianship of my son when we have 1 year

I gave my parents guardianship of my son when we have 1 year old in order to keep DHS out of a situation concerning my son's addict father. My son and I have lived with my parents this entire time. I have enrolled him in school as mother and my father has always been listed as well on the school forms. I put in for a resident affidavit living with my parents and have never had an issue with the school before.Last year I and a teacher had a conflict. Shortly there after, receive a letter challenging my rights as the "lawful" parent of my son. The school system now wants to cut me out and have my 82 year father provide the guardianship papers to them and not let me be a part of his schooling stating I do not have rights. Is this correct? The enrollment process states the parent or guardian may enroll. My parents and I have always done this together. Can the school deny me from enrolling him and having access?

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LawTalk

Attorney at Law

Juris Doctor

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