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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116707
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Okay where do I begin? first off I have a paternal baby

Customer Question

okay where do I begin? first off I have a paternal baby brother who has been with me since march 2015 he is 1.5 years old, our father is 60yrs and the mother is 35. she decided to leave her other 4 children who are of no relation to me in an abandoned house and caught a CPS case, prior to this her, I and my father had an attorney give me ( power of attorney-limited guardianship pursuant to Michigan complied law MCL-700.5103) Which clearly stated that I had all paternal, custodial and property rights over my bother but when CPS came and we went to court and I presented this to the juvenile courts the referee decided to not honor my document saying that is was only for the purpose of medical and schooling enrollments while in my care! so this threw me for a loop anyways al the charges that the mother faced neglect , abuse , abandonment medical neglect as well as a list of other charges was also for my brother on the CPS petition which was crazy because at the time the incident occurred my brother was safely in his own bed at home where he had been for the last several months.. since then they made me ( relative placement ) and I have several people come in and out of my home dictating what I need to have for a child that I have already been providing for months on my own and with the assistance of my father, now foster care is trying to get involved which they have given me a list of unnecessary things to do just to keep a child I already have... so my question is this... is there anyway my father can turn over his paternal rights to me because the mother is in non compliance with what she is in need to do in order to obtain her children back due to her drug addiction and I do not want to lose my baby brother in foster care nor am I trying to go thru the foster care list of garbage to meet some policy ... can I go obtain custody myself since he was left in my care and I have the guardianship document that was sighed by both parents and the attorney ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You have two options here. First, you file in court for full guardianship and custody over the minor. Since your father agrees he can appear and tell the court he does not object. The mother would not have a chance based on what you said above, even if she did object. The court would be the one that has to grant you the full custody now and you need to get to an attorney to file that for you asap since your temporary guardianship expires in about a month

Your second option still requires an attorney, but you can seek to file for an adoption. Because you are a relative of the child it is much easier for the court to consider, but an adoption would take away all parental rights of your father and the mother and would make you the natural parent.

Those are really the only two options here and the only way you can get CPS out of your hair.

Customer: replied 1 year ago.
I am just worried about the cost and the longevity of the entire ordeal I thought for sure that I had some legal standing when the attorney gave me the document that I have but clearly it holds no weight with CPS and they are like animals and pariahs just interrupting my peace of mind..
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Unfortunately, if you want this matter resolved you have to follow the legal process, even though it may take some time and incur some costs. I am afraid there is no way for you to deal with CPS, which is one of the most incompetent, negligent, but abusive agencies you will ever deal with. IF they are doing this and disregarding your previous LIMITED guardianship, then you need to go through the court to get a full guardianship.

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