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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Can an adult child in Missouri cancel the grandparent's

Customer Question

Can an adult child in Missouri cancel the grandparent's custody in California
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard

What do you mean "adult child" How old is this person and is the custody a guardianship because of some sort of incompetency?

Customer: replied 1 year ago.
This adult child is 26 years old. She has non-verbal learning disability, never IEPed, and a loving mother who petitioned to have her graduate high school, though she was 2 or 3 points under the exit test in Calif, because of great musical ability. She had this child 3 1/2 years ago, not realizing she was pregnant until she delivered. Grandma finally got custody due to the adult child's lack of financial means of support and interest in caring for her child. When the adult child was living with her, and when this adult child was working a McDonald's level job, the grandparent was lucky to get a package of diapers and wipes per paycheck, and very angry participation in the child's life. Due to grandmother's financial difficulties, the family moved from Silicon Valley to Modesto, which prompted rebellion on this adult child's part, which evidenced itself in this adult child's Facebook marriage to a women in Kansas City Missouri. The women sent money to the adult child to come and live with her, and the actual marriage is set for Oct 3, 2014. The women as a 2 1/2 year old boy. We do not know quite how they support themselves, but all indications are that this is benign, and the adult child is more amenable to "cleaning house" when prompted by peer than by the grandmother. We do not know where this is going. The longest the adult child has "lived independently" is one month, and it is now that in Missouri. Our fear is that the woman could prompt Ida to petition for custody.
Expert:  Samuel II replied 1 year ago.


Thank you. ***** apologize. But I am still unclear. The Adult Child is a Parent and her Mother wants custody of her 3 year old? Or the Mother of the adult child has custody of the child who is 3?

Customer: replied 1 year ago.
The adult child does not have custody. The grandparent has custody and has had it for about a year, after all efforts of supporting the adult child to take part, failed.
Customer: replied 1 year ago.
I think that the term used in Califonia is guardianship.
Expert:  Samuel II replied 1 year ago.

Thank you for the clarification. The Mother will need to file a Motion to Terminate the Guardianship. And she can get that packet of documents from the clerk of the court where the Guardianship has been issued. And she will need to file in that court.

She will need to show that she is competent, can support the child and has a solid living environment to raise the child. On these type of matters, the court will do a back ground and home check on the Petitioner. A hearing will be set and the court will decide what is in the best interest of the child

HERE Is a Link to the Petition And this Link is an overview of the process

Customer: replied 1 year ago.
How much physical presence of the adult child in California would be required?
Expert:  Samuel II replied 1 year ago.

I suggest she would need to attend hearings. But many times the courts will agree to allow a Video Conference, if it is a cost barrier. In a child custody matter, however, I suggest the Mother would want to make a presence.

Customer: replied 1 year ago.
Thank-you. I will inform my sister, who is in the process of transferring follow-up of her California guardianship from a Silicon Valley court to a Modesto court. I am fully satisfied
Expert:  Samuel II replied 1 year ago.

You're welcome. Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

Customer: replied 1 year ago.
Thank-you, your response was great. Just enough, as the problem hasn't actually occurred as yet.
Expert:  Samuel II replied 1 year ago.

If you need more information or clarification, let me know. Otherwise, thanking you in advance for a positive rating. Your answers will remain in Your Questions for review at any time. Thank you