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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Thank you. I have a situation and I'm not sure if I should

Customer Question

Thank you. I have a situation and I'm not sure if I should hire an attorney for my son. Can I ask you your opinion?
JA: What state are you in? It matters because laws vary by location.
Customer: My 23 year old son has been engaged for 3 years. Last week he found out his fiancee and he were having a baby. They never knew they were pregnant; and the baby is due in December! At the 1st doctor's visit; her mom showed up and when the doctor arrived in the examination room; the mother preceded to pull out a guardianship paper. Prior to handing it to the doctor; she looked at my son and apologized for "stepping on his toes". My son did not get to read the documents. I can only assume the guardianship was over her 21 year old daughter; but what is the reasoning behind it and and does this control the unborn child as well?
JA: Has anything been filed or reported?
Customer: Neither my son or I know this answer.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I guess not.
Submitted: 8 months ago.
Category: Family Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is not possible to have a guardianship order, custody order, or power of attorney for a child who has not yet been born.

However, the pregnant woman can give a power of attorney for her medical decisions to someone else, possibly the grandmother. This is possibly what happened. ONCE the child is born, the mother OR the father can give a power of attorney for the child to someone else (grandmother) as well.

If the mother and the father are going to disagree on medical treatment and/or custody of the child, then yes an attorney is recommended because this can end up in family court. There is no doubt about the fact that having an attorney will help him. While he does not need an attorney to fight for custody/medical decision-making, one is recommended.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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