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Our daughter and her children (age 3 and 1)live with us. She…

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Our daughter and her...

Our daughter and her children (age 3 and 1)live with us. She has been leaving them with us and telling us she will be home in just little while and then doesn't come home until next day or two. She has been hanging out with a man who has 17 cases against him including strangulation and domestic violence in front of minor, theft, drugs, escape, etc.... we are concerned because she takes children to his home and spends night. We would like to get guardianship of the children. How do we go about this.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Indiana

Lawyer's Assistant: Have you talked to a lawyer yet?

No just trying to find out how we go about this

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They have lived with us since three months before 3 year old was born. Our daughter is also bi polar. She had notice from Medicaid office that she is considered to be medically frail because of this.

Submitted: 8 months ago.Category: Family Law
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Answered in 3 minutes by:
9/14/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,015
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

I am sorry to hear this;

In determining if a guardianship is needed, the court will look to the capability of the parent(s) and the best interests of the children. If the parent is unable or unwilling to provide care for the children (ie they are placing the children in a dangerous unsafe situation, or they physically or mentally cannot care for the children) then the court is more likely to consider guardianship as a viable alternative. The court's main concern is the children's safety and to promote their best interest. Domestic violence is a serious issue and the courts tend to be very conservative when it comes to a third party (or parent) having a history and being around the children as that may pose a threat to the child.

If guardianship is granted, it lasts until the child reaches age 18 (or graduates from high school) unless the court terminates it (for example, if the parent's situation changes and they are able to care for the child).

It is also possible to get an order for child support if Letters of Guardianship are issued.

Sample forms are available here

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Customer reply replied 8 months ago
When she is home with them she sleeps and lets them fend for themselves. Ex. One day she was sleeping, the 3 year old was hungry and got in pantry and dumped the canister of flour, sugar, cocoa, and box mixes on the floor and put ice cubes in the mix. Horrible mess. He had asked for food and was ignored. So he was going to take care of it himself.
Family Lawyer: LegalGems, Lawyer replied 8 months ago

That is very dismaying; they are lucky they have caring grandparents. Mental illness can be very hurtful to the individual and their family, especially minor children.

The court will take into consideration all such information and will possibly appoint a guardian ad litem (attorney for the children) to determine what situation would be best for them.

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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