Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have guardianship of my cousins grandson. He has been with…

I have guardianship of my...
I have guardianship of my cousins grandson. He has been with me since last April and is now 18 months old. His mother gave me temporary custody when her children were removed from her care due to drug use and she wanted to keep him out of foster care. She has recently been returned the other 2 children. Her mother has custody of a 3rd and I have the youngest. She is now again pregnant and unemployed. How can I keep her from taking the child that I currently have with me back to this insecure environment? I would like to adopt him if possible.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
3/21/2018
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 123,280
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can seek to prevent her from taking the child back only if you can prove by clear and convincing evidence that she is unfit. The court is not generally going to allow an adoption if she refuses to allow you to adopt. You would need to file in court and present evidence to the court that she is unfit to have the child and this means you need to get a local attorney to assist you in representing you to seek to at least make the guardianship permanent.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 123,280
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
if she asks for him back, then I have no legal right to refuse?

Thank you for your reply.

Unless you get a court order and show she is not fit as a parent, no you cannot refuse her.

Ask Your Own Family Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 123,280
123,280 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Supportive decision making vs. guardianship. Can a prove to
Supportive decision making vs. guardianship. Can a ward prove to the court that he or she no longer requires guardianship? Or, if it's not established that the ward can make decisions independently, d… read more
Sean K
Sean K
Attorney/Member
JD
441 satisfied customers
I need to find the guardianship case number for my disabled
I need to find the guardianship case number ***** my disabled son's guardianship … read more
Bill Attorney
Bill Attorney
law
2,032 satisfied customers
In thinking of giving my mother in law legal guardianship
Hello, in thinking of giving my mother in law legal guardianship rights so she can take care of medical and school needs, do I have to worry about my parental rights or could the guardian keep me from… read more
Sue
Sue
Juris Doctorate
386 satisfied customers
A friend filed and took temporary guardianship of my child
A friend filed and took temporary guardianship of my child when my child decided to leave home and now my child wants to come home can I just take her home or how do I terminate temporary guardianship… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
123,280 satisfied customers
My friends Parnets have guardianship of her kids but they
My friends Parnets have guardianship of her kids but they are retiring and are asking me to take guardianship of them. I'm willing but what needs to be done. … read more
Sue
Sue
Juris Doctorate
386 satisfied customers
I need questions to ask a lawyer on guardianship and power
I need questions to ask a lawyer on guardianship and power of attorney. one out of 5 siblings took it abound herself to get power of attorney alone though mother had requested 2 also took the deed to … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My daughter wants to grant temporary custody or guardianship
My daughter wants to grant temporary custody or guardianship of her kids to her mother … read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
I have legal guardianship permanent guardianship over my two
I have legal guardianship permanent guardianship over my two granddaughters their dad has not paid any support neither has their mother and now my son is asking me to forgive the debt is that possible… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
173 satisfied customers
Can a person under guardianship sign contracts or get
Can a person under guardianship sign contracts or get married?? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
My Daughter and I had a temporary guardianship paper drawn
My Daughter and I had a temporary guardianship paper drawn up for her children, With the fathers' consent and DSS says it is not legal and called the dad to remove them from my care....we are all upst… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
My friend is pending trial for a guardianship hearing where
Hi there, So my friend is pending trial for a guardianship hearing where the paternal and maternal grandparents are fighting for custody. At the moment, the maternal grandmother has temporary custody.… read more
lawyerJ
lawyerJ
Juris Doctorate
163 satisfied customers
I gave temporary guardianship to a friend and i been to
I gave temporary guardianship to a friend and i been to court before trying to terminate but the judgw denied it because the other party took a pic of my brother in a playground area who is a sex offe… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
I have guardianship of my cousins grandson. He has been with
I have guardianship of my cousins grandson. He has been with me since last April and is now 18 months old. His mother gave me temporary custody when her children were removed from her care due to drug… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
123,280 satisfied customers
If a guardianship petition has been filed but a hearing has
if a guardianship petition has been filed but a hearing has not yet occurred does a parent need to file anything to withdraw his or her signature … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
I need to establish a legal guardianship for my mentally
I need to establish a legal guardianship for my mentally affected adult daughter. … read more
Damien Bosco
Damien Bosco
4,165 satisfied customers
We are Paternal grandparents with Guardianship of 3 minor
We are Paternal grandparents with Guardianship of 3 minor children due to drug use of both parents. … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
123,280 satisfied customers
My mother and older niece have legal guardianship of my two
My mother and older niece have legal guardianship of my two underage nieces in California. My mother tried to move to Washington State with the girls but had to return to California because of my fath… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
In the State of SD if the grandmother has guardianship of a
in the State of SD if the grandmother has guardianship of a child and the parent has visitation, does the stepparent continue her visitation or does the parent visitation supersede the step parent? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x