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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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I have a child that has been living in my home on an off 1/2

Customer Question

I have a child that has been living in my home on an off for 2 1/2 years. She has basically been with me for the past year. I obtained Power of Attorney over her in Feb. of 2015. In her grandmother's (legal guardian), she has asked that custody be awarded to me. My question is, since I have had P.O.A. for almost a year and the grandmother is not capable of taking care of her anymore, can I petition the court for custody.
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.

To be clear

1 - The Grandmother has legal custody ordered from a court?
2 - Where are the parents?
3 - And not the Grand mom cannot care for the child?
4 - And so you want to have legal guardianship of the child?

Customer: replied 1 year ago.
Parents are to have no contact. Grandmother has been physically unable to care for the child. Grandmother has legal custody ordered by the court but gave me POA. I want legal guardianship to continue caring for the child.
Expert:  Samuel II replied 1 year ago.

Thank you

Yes, you can file for legal Guardianship if the parents rights have been terminated, which it appears they have.

Let me see what information on the forms I can get for you.

Expert:  Samuel II replied 1 year ago.

It does not appear the forms to file for the Guardianship of a Minor are online. You will need to go to the clerk of the family court in the county where you and child live. Tell the clerk you need the packet of documents to file for legal guardianship of a minor.

Although here is a form for a Petition for Guardian of Person though it is for Shelby and Memphis counties.

Expert:  Samuel II replied 1 year ago.

The clerk of the court can provide you with the forms or if they will not then you will want to consult with a local attorney and if need be you can have legal aid assist you.