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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have guardianship of half brothers. Same mother different

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I have guardianship of half brothers. Same mother different father. The Ten year old has emotional disabilities. The five year has visits with his father and a person name Donna Canfield who he calls grandma Donna but no relations. After they pick him up on Friday he said that his brother hurts him. The two boys do fight occasional like siblings, but no close to abuse. Could I loose guardianship to his father who is on probation and will be going to court on the 19 for two violations. His probation as of right now is on until March 2015. I got guardian ship because he was in jail and mom not suitable when he his son was about 7 months old. I want to know what my rights and can I refuse visits until the court hearing there is no court ordered visit.

Thank you for your question. My name is Ellen. I will do whatever I can to answer your questions!

Since there is no court ordered visitation, you are not required to allow the father visitation. As the guardian, it is your decision what is in the best interest of your brother and you may choose not to allow visitation. The fact that a 5-year-old child stated that his 10-year-old brother "hurt" him without some physical proof or other documentation with not typically be sufficient to change guardianship

Please let me know if you need any clarification. I would be glad to assist you further if I can

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