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

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I have a child that...
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: 2 years ago.Category: Family Law
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Answered in 3 hours by:
1/17/2016
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,012
Experience: General practice of law with emphasis in family law.
Verified

Hello

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?

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Customer reply replied 2 years 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.
Family Lawyer: Samuel II, Attorney at Law replied 2 years 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.

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Family Lawyer: Samuel II, Attorney at Law replied 2 years 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.

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Family Lawyer: Samuel II, Attorney at Law replied 2 years 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.

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Category: Family Law
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