Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My son and the mother of his son have joint custody - never

Customer Question
married. My son has...
My son and the mother of his son have joint custody - never married. My son has had his son for the majority of the time including during the school year. She is not responsible and now we question if he is being responsible, as well. Is there any way grandparents can get guardianship or something set up for this child, who is now 12, so we can step in if we need to before our grandson gets thrown into the system or worse pawned over to his mother's side of the family?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 25 minutes by:
6/18/2015
Family Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,530
Experience: Experienced Family Law Attorney
Verified
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
There are a couple of different options.
A Delegation of Power (similar to a Power of Attorney) does not transfer custody, but it does allow the grandparent to be involved in the child's legal decisions and to supervise and provide a home for the child.
This organization used to provide the Delegation of Power form, and likely still does: http://www.lssmn.org/raising-relative-children/mkca/
Other options to transfer actual legal custody include guardianship and adoption.
Relevant statute here: https://www.revisor.mn.gov/statutes/?id=257C.03
Forms here: http://www.mncourts.gov/selfhelp/?page=1627
Manual detailing the process for the various options here: http://www.lawhelpmn.org/resource/legal-steps-manual?ref=SyDfn
Guardianship is governed by statutes 524.201 to .210; guardianship is another form of legal custody of a minor. A person becomes a guardian by acceptance of a testamentary appointment (ie will), by parental appointment, by delegation of a standby guardian pursuant to chapter 257B, or upon appointment by the court. A ward can receive public benefits: http://www.projusticemn.org/legalsteps/item.4175-VII_PUBLIC_ASSISTANCE_PROGRAMS#3
Third party custody can be awarded by the court upon proper petition if it serves the child's best interests and the parents are unable or unwilling to care for the child. Statute 257c governs this: (as explained on the state's website): Third parties also seek custody when they believe that a child's physical or emotional health is at risk if he or she has to live or remain living with a parent. For instance, if a single mother of a child dies, and the father has had little or no contact with the child (or has a history of abusive behavior, extensive drug and/or alcohol use, etc.), the relatives who have a relationship with the child may believe that the child will be harmed emotionally if she has to leave them to reside with a virtual stranger. The relatives may then take steps to become third party custodians.
A third party can also obtain custody of a child in a CHIPS proceeding when the Juvenile Court has determined that a child cannot return home and a permanent home for the child is necessary.
Standby guardianship is authorized by statute 257c and allows a parent to appoint a standby guardianship should the parent no longer be able to care for the child (ie mental/physical incapability).
And of course, there is always adoption; but since that is a permanent option most people prefer the options that can be for a specified time, or that can be reversed.
-------------------------------------------------------------------------------------------------------------------------------------------------
If you have further questions please be sure and respond before rating. If you have no further questions, Kindly rate positively so that the site is permitted to credit my account for assisting you- there is no additional charge for a positive rating and it is most appreciated.
Without a positive rating, I receive no compensation for assisting you this evening.
Thank you and take care!
Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 2 years ago
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent- which does not result in additional charges to the customer.
Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!
Ask Your Own Family Law Question
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,530
11,530 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I got divorced in 2006. 2 kids. Joint custody. Each claiming
I got divorced in 2006. 2 kids. Joint custody. Each claiming a kid on taxes per decree. The child my ex was able to claim has always lived with me and I am paying for her college. She turned 18 on Jun… read more
LegalGems
LegalGems
Lawyer
11,530 satisfied customers
If I have joint custody of my son in Oklahoma do I need the
If I have joint custody of my son in Oklahoma do I need the other parent's permission to take my son on a cruise? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
How does this work?. I have a question about joint custody.
No, I have a question about joint custody. My son has turned 18 and would like to live with me exclusively. Can he decide where he wants to live before he graduates high school? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
NY.....joint custody but physical custody with mom....dad in
Hello, NY.....joint custody but physical custody with mom....dad in VA. Mom decides to homeschool without telling dad, which he is failing. Dad called the school 3 months ago as the mom stated a psych… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
My husband shares joint custody with his ex wife of his twin
My husband shares joint custody with his ex wife of his twin boys. Ex wife refuses to put the children on her medical insurance unless they make her insurance primary, but due to the birthday clause m… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
If a custodial parent with joint custody moves and leaves
If a custodial parent with joint custody moves and leaves the child with her parents (the child sees this parent once...maybe twice in a 2 week period), can that be considered abandonment? This has be… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,265 satisfied customers
I am seeking to get temporary guardianship of my nephew, as
I am seeking to get temporary guardianship of my nephew, as is my mother the child's grandmother. (Basically third party custody). I need guardianship for the time being so that I can enroll my nephew… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
My granddaughter whom we raise has joint custody of
My granddaughter whom we raise has joint custody of the 3 children. … read more
Sue
Sue
Juris Doctorate
245 satisfied customers
Me and my daughters mother have joint custody i get her 1
me and my daughters mother have joint custody i get her 1 week and she get her 1 week. daughter is 16 year old and she has been staying with me ever since oct 1st. she says that she cant live with her… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
My boyfriend has joint custody of his daughter but her
My boyfriend has joint custody of his daughter but her mother has her most night , we are moving out of county and want the schedule to change one week for each parent, she is still in daycare and we … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
I have joint custody of my 11 year old son with his mother
I have joint custody of my 11 year old son with his mother being the primary while I have him on my weekends if he is with my girlfriend that lives with me and her 3 kids which my son loves to play wi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have joint custody of my dauther who is 8 and her mother
i have joint custody of my dauther who is 8 and her mother has physical custody her mother wants to move away to another state 220 miles away what are my rights and as it sounds she is willing to leav… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
Can a parent who shares joint custody with minor child take
can a parent who shares joint custody with minor child take a child out of state without permission or notification to other parent? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
If the parties have joint custody one having physical
if the parties have joint custody one having physical custody, but both have 50/50 on visitation , and one is treating to take the other to count to take away only seeing he son every other weekend , … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
How can the mother change joint custody to full custody? In
How can the mother change joint custody to full custody? In 2014 father and mother were incercarated, she got out in 2015 and the father doesn't get out until 2020. They weren't married but agreed on … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I'm divorced with joint custody and rights to medical
I'm divorced with joint custody and rights to medical information. they live in another state. My ex sent our 6year old daughter to see a counselor regarding her behavior.. i would like to speak to th… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
My husband and I have joint custody and now co-guardianship
My husband and I have joint custody and now co-guardianship of our special needs daughter (age 20). I was custodial parent named in our Final Decree. However, he agreed to be custodial parent and I wo… read more
LegalGems
LegalGems
Lawyer
11,530 satisfied customers
We were awarded joint custodial guardianship of 2 children.
We were awarded joint custodial guardianship of 2 children. Parents were required to have drug tests in order to have visitations. They were to supply the test at their own expense and we were only re… read more
LegalGems
LegalGems
Lawyer
11,530 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x