Family Law Questions? Ask a Family Lawyer Online.
HelloThis is Samuel and I will discuss this and provide you information in this regard.
Can you tell me if there any reason your son, the Father, would not be qualified to be the custodial parent?
Thank youI suggest you will need to begin a Legal and Permanent Guardianship proceeding.Keep in mind, that once the Mother is released, she may be in some sort of transitional housing. And so her release will not automatically mean she will get the child.But in the meantime, I suggest you look into the Guardianship process.
Consult with a local attorney Or you can try to file it on your own
If you want to begin on your own, you can get the forms for the Guardianship of a Minor from the clerk of the court
You also can consult with a local attorney who will help you fill out the documents only and then you represent yourself in court. That will cut back on the legal expenses.
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At any rate, if you have more questions about the Guardianship, we can continue here. Thank you
Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.Thank you
I only work via this chat mode. Who told you they need to find forms? For the Guardianship?
I do not take phone calls.
I mentioned Guardianship as your recourse and then you stated they need to find the forms. "I was told that I have to find all forms I will need." So I was wondering what that was in response to and who told you that.
If you have a primary Guardianship and the court makes it permanent it is the same as custody. But since you are a grandparent, you have to use the Guardianship. Parents get "custody" And yes, it will give you full legal authority over the child, who sees her and when
I am not sure what your comment about forms was for. But at any rate, the clerk of the court should have the Guardianship of Minor packet of forms for you to file.
Once you file, you will need to serve both the parents and both or one or none can oppose it. There would be a court hearing and you present your case to the court.
Ok. And so I suggest it is not custody you want. You should consider the Primary Permanent Guardianship for a Minor
You would have a process server deliver them. She will be able to accept them.
Inmates get served all the time.
You cannot serve anyone. It must be done by the Sheriff or a private process server.
Thank you.What state is this and I can better guide you to what court you need to file in.
Thank youI suggest you can use this LINK and it is for Legal Aide in your area. And there are links for forms on there, too. I suggest that should be helpful to you.
Here is the LINK for the Guardianship forms within that first link.
So you can review all of that, contact the Legal Aide office and if you have further questions or need help filling out the forms, they would be the ones I suggest can help get this done effectively.
On the first link you will see it states:
And I suggest you can go that route because the Mother is incarcerated, you have provided a stable and loving environment fo the child and it is in the child's best interest.