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Bill Fix
Bill Fix, Family Law Attorney
Category: Family Law
Satisfied Customers: 81
Experience:  Attorney at Fix Law, PLLC
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What can I do about my nieces guardian admitting to presenting

Customer Question

What can I do about my nieces guardian admitting to presenting a false case to the court in order to obtain guardianship so that the grandma didn't have to petition herself. the grandma is an undocumented illegal alien and I believe that's why her daughter with a greencard petitioned for her just to rip my niece out of my home and hand her over to an illegal alien who also has intentions on taking my niece to mexico
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I'm the maternal aunt of the child & I had the child living with me for almost all 3 years of her life and only after my sister died , the paternal family shows up and uproots my niece
Expert:  Bill Fix replied 1 year ago.
Unless you have some evidence of this admission, it may be difficult to do much of anything... The guardian would likely deny any allegation you made.However, you may be able to petition the court on a custody matter. If your niece lived with you for some period of time, courts generally would not want to change up that situation unless there was a good reason to. Here, it looks like the court considered you (the girl's aunt) and another family member (still not the child's mother). The court would try to keep the child with the birth parent(s) unless they could not provide a stable safe environment for her. Were there factors the court held against you? If so, have those issues been addressed? Are there bad factors going against the guardian's household that put the child in a bad situation (e.g., drug use, abuse, etc.)?
Expert:  Bill Fix replied 1 year ago.
If neither the child's mother or father are available, then the court looks for the best alternative for the child. Every decision made is for the "best interests of the child". It's hard to say why the court moved her after being with you for 3 years, but your best option to try to reverse this is to petition the court and spell out every reason why you pose the best situation for her. Consult with a local child custody attorney who can best help you accomplish this.
Expert:  Bill Fix replied 1 year ago.
I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a rating. If not, please let me know so l can continue to help you. Thank you.