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My grandaughter is 14 now, can she refuse to go and live…

Hi, my grandaughter is...

Hi, my grandaughter is 14 now, can she refuse to go and live with her mother ?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New hampshire

Lawyer's Assistant: Has anything been filed or reported?

The court order says she is live with her grandmother, which she does not want to do

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

I am the temp guardian, i have brought her up since 10 mos old

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Answered in 1 hour by:
3/11/2018
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 795
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you.

Please clarify .. you say she is refusing to go live with her mother, and also doesn't want to live with her grandmother (you)? What does she want to do?

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Customer reply replied 4 months ago
i am her temp guardian she is my best friend and she wants to stay with me... i am her grandfather

Sounds like there are two conflicting legal status's. Court Order to live with her grandmother. Yet you are temporary Guardian. Doesn't make sense.

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Customer reply replied 4 months ago
i have had her since she was 10 mos old but now the judge is taking my guardianship away and giving it to the grandmother because of age i guess

Were you a party to that proceeding? If the Court made a decision, all you can do is appeal it. Was the child represented at the hearing? Were her wishes considered?

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Customer reply replied 4 months ago
she was represented but how do i appeal it
Customer reply replied 4 months ago
tried to get the judge to speak with her but refused

Appeals are very complicated and difficult without an Attorney. There is also a time limit. There should be pamphlets and information at the Courthouse. .

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Customer reply replied 4 months ago
i have multiple poeple on my side but the judge thinks that i am holding her back maturily

Appeals can only be successful if an error of law took place. If the Judge heard all the evidence, including your witnesses, the simple fact that he ruled against you will not suffice for an appeal.

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Customer reply replied 4 months ago
doesnt her being 14 now give her any rights

She is still a minor. At 14, though, her wishes should be considered (at least in most States). Did her Attorney present her wishes to the Court?

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To be clear, her wishes should be considered, but SHE doesn't get to decide. They are just one piece of evidence.

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Customer reply replied 4 months ago
she did.. but for some reason the judge who is a woman thinks that i am holding her back... not true, the girl is my best friend
Customer reply replied 4 months ago
thank you

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

Thank you for using JA! We appreciate your business.

Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 795
Experience: Attorney At Law at SELF
Verified
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