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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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I have a question. I have a three old niece that has a mom

Customer Question

I have a question. I have a three old niece that has a mom that is 21 and has a sever meth addiction.Whats the chances that we could get guardianship of her? Please help me
Submitted: 8 years ago.
Category: Family Law
Expert:  Jack R. replied 8 years ago.

If you call children's services and they determine the mom can not take care of the child you can request guardianship of the child. Without having mon rights taken away there is little you can do.

 

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

Customer: replied 8 years ago.
The only problem is that the childs grandmother has had a bad experience with department of human services and does not want to get them involved. I am at a loss and do not have a clue what I can do.
Expert:  Jack R. replied 8 years ago.

Whether grandmother likes children's services or not, if you feel the child is at risk you shuld call them. You can let them know you are interested in guardianship,

 

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

Customer: replied 8 years ago.
Me and my husband are both currently on probation for misdemeanors. Both for things that we have grown out of. Mine is theft of property and his is indecent exposure. Would that take away our chances of gaining guardian ship of the child, because we are all she has.
Expert:  Jack R. replied 8 years ago.

The indecent exposure would be a problem as is the probation. There is a possibility a court could place the child with foster parents rather than place the child with you. If the crimes are very old , and not determined to be a sexualk offense you might have a chance.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

 

 

Customer: replied 8 years ago.
That is what I am afraid of. I dont want her to be placed in foster care. Once children are placed in protective custody it is hard to get them back. If the mothers court date results in incarceration will it be easier to obtain some sort of rights considering there is no father in the picture or on the birth certificate? You know something is not right when the child comes up to you and asks you if you want to me her mommy. It breaks my heart, however my hands are a little tied up.
Customer: replied 8 years ago.
That is what I am afraid of. I dont want her to be placed in foster care. Once children are placed in protective custody it is hard to get them back. If the mothers court date results in incarceration will it be easier to obtain some sort of rights considering there is no father in the picture or on the birth certificate? You know something is not right when the child comes up to you and asks you if you want to me her mommy. It breaks my heart, however my hands are a little tied up.

Expert:  Jack R. replied 8 years ago.

I would still try to get custody. It is just that you have an uphill battle. The severity of you prior acts is probably low since they are misdemeanors. You may be able to establish guardianship even with them if no one challenges. A good attorney will be invaluable in making this happen.

 

Where children are taken, the courts, and children's services prefer to place with a relative. You need to convince them the child is safe, and will thrive in your care.

 

 

If this answer was helpful please press ACCEPT so I may be paid.

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.