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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.
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Answered in 10 minutes by:
3/21/2018
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,002
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: 126,002
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
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Customer reply replied 4 months 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.

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