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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My Grandaughter is living with her bith dad and stepmother .

Customer Question

My Grandaughter is living with her bith dad and stepmother . DNA tests have been done but the mother my daughter wont sign . My daughter was in a horrific house fire 6/24/15 she was in ICU for 60 days at the Burn Center ar Doctors hospital in Augusta She is permanently disabled and is not colecting for her daughter she has no insurance I provide a caretaker and housing . 48% of her body was 3rd degree burns she has had 22 operations and lost part od her hand. Her daughter is getting ready to apply for college and take ACT ans SAT exams wich all reguire a parents signature mom is not mentally stable she refuses to sign anything . My grandaughter has a job has a car note but mom wont sign for the licence
Alexis Marie Turns 17 on june 12 she is doing her best to go forward but her mother mental state is i stumbling block . She has not lived with her moyher since6/24/2015. her mother can not afford a place to live 1087 SSI disability a month I provide for her please help thi ambisious teen get on with her life
Submitted: 1 year ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation.

You can petition for a guardianship over your grandchild, giving you legal decisionmaking authority to allow her to move forward with these academic and social goals in her life.

See generally: http://www.lagrg.org/Res_doc_folder/LA_RAPP_brochure_revisedesa.pdf

Given the nature of this situation, I would strongly recommend that you retain an attorney to assist you with this petition (it not only helps you with the legal aspects of moving forward with the petition, but it also helps create a buffer between you and the child's mother for purposes of the legal proceeding, which can help preserve the familial relationship). This is not a very complex legal proceeding for an attorney to handle so it should not be very expensive in comparison with other legal matters.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
My daughter has not contributed to the care of my Granddaughter because she is unable to care for her self at the moment
Expert:  CalAttorney2 replied 1 year ago.

Did you receive my response above? (our posts may have crossed one another)

Customer: replied 1 year ago.
Her right hand
Customer: replied 1 year ago.
Our income would knock her out of the park for financial aid she does not live with us I take care of her mother She needs emancipation I am unable to take guardianship and her mother will not cooperate at all
Customer: replied 1 year ago.
I have spoken to several LA Lawyers and gotton no where mom will not cooperate she has been living in Houma with relatives from her fathers side father I know on birth Cert DNA test done he is dad
Expert:  CalAttorney2 replied 1 year ago.

If she is going to petition for emancipation, she is still going to require an attorney's assistance.

Having a guardianship is not going to disqualify her financial aid - being her guardian only gives you legal power to act on her behalf, it is not an adoption.

Customer: replied 1 year ago.
Alexis is in Houma my daughter is in French Settlement in my country house with a care taker
Expert:  CalAttorney2 replied 1 year ago.

You do not have to live in the same residence as the child you are guardian for.

(If you are not speaking with a probate or family law attorney with a fair amount of experience with guardianship law (LA also has a unique form of law called Tutorship - for children with deceased parents, so you can find attorneys that deal with this area of law as you are searching out these specialists), you probably aren't getting the kind of advice and representation you need from your local counsel).

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