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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118175
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Two years ago my grandmother passed away my children and I

Customer Question

Hello. Two years ago my grandmother passed away my children and I were living with her my son he's 22 now is disabled with muscular dystrophy I was unable to pay the electric bill so my kids didn't get to go to school for a few days and after my grandmother had died everything went downhill my kids didn't have any electricity so I saw their dad on Thanksgiving and ask him to see if he would take the kids for a little while until I got on my feet and he said that he would and there was already a CPS case going on and they had come to the house and everything was fine except you look for three part which they didn't feel the case on any neglect or abuse but it was just because of the electricity will I have made arrangements for them to go be with their dad with their dad now my son is 22 years old my daughter takes care of him most of the time they are telling me that I cannot see my son but they will call the police on me I don't know what to do I haven't seen my son or my daughter in 2 years my daughter is in with the dad I spoke with the guy last week he told me I can see them anytime and call them anytime and now my daughter is saying I'm lying and I don't know what to do I need help to find out what I need to do to be able to see my son he's disabled my ex-husband is his caregiver but there's no legal paperwork saying that he is a guardian or anything and I didn't give up custody to him I just asked him to come and get them to help me until I transitioned over to another house and now I have a lot of problems I don't know what to do can you help
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The only thing you can do in this case would be that you would have to file in court to obtain legal guardianship/conservatorship over your disabled son and in that case they cannot stop you from seeing your son. As far as your daughter, if she is over 18 and does not want to see you, there is not much you can do about that, but you certainly can get guardianship over your son. Furthermore, if the father is specifically telling you that you can come visit, it is his house and he has the right to allow you to visit there and you need to make arrangements with him to go over and visit and stop asking your daughter about it.
Those are your options. If you want to apply for guardianship, legal aid can assist you with representation.
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