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Our daughter and grandchildren have lived with us for 7

Customer Question
Our daughter and grandchildren...

Our daughter and grandchildren have lived with us for 7 years, mom passed away 2 weeks ago now the dad of the 14 year old is trying to take her. He lives 2 hours away and has little contact with her. The dad abused the older child who is now 18 and the dad is on the sex offender registry. How can we as her grandparents stop him from taking her

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

We just received guardianship last Thursday. But he has an attorney trying to get custody of her.

Lawyer's Assistant: Family law varies by state. What state are they in?

Michigan

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

The 14 year old does not want to live with him.

Submitted: 3 months ago.Category: Family Law
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Answered in 1 minute by:
4/3/2018
Family Lawyer: P. Simmons, Lawyer replied 3 months ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,470
Experience: 16 yrs. of experience including family law.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Family Lawyer: P. Simmons, Lawyer replied 3 months ago

I am very sorry for the recent loss of your daughter. Can you tell me, are you in the process of probating her estate? DId she have a will? IF so did it indicate whe she wanted to raise the children?

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Customer reply replied 3 months ago
No
Customer reply replied 3 months ago
Are you still there?
Family Lawyer: P. Simmons, Lawyer replied 3 months ago

I am typing an answer...it takes some time...do you prefer a phone call?

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Customer reply replied 3 months ago
No I don't prefer a phone call
Family Lawyer: P. Simmons, Lawyer replied 3 months ago

THank you for your patience

You may want to consider probate. As part of the probate process, the court has the power to appoint a guardian for the minor children. What you are describing, you are the candidate for this position...you should be appointed guardian.

That said, as it stands today, dad has full right to the children...do he could show up today and take them from you...so you will want to move quickly on this.

IF you can show to the probate court that you are better suited to raise the children, then the probate court will appoint you as guardian.

You will need to hire a lawyer to pursue this

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 3 months ago
I said we had guardianship now. Bit the father is trying to get custody of her
Family Lawyer: P. Simmons, Lawyer replied 3 months ago

Then you have little to worry about. SOrry...I missed that you just received guardianship. But tell me, in the order, did it mention dad? IF so what did it say (does dad have visitation)?

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Customer reply replied 3 months ago
It said nothing about visitation
Family Lawyer: P. Simmons, Lawyer replied 3 months ago

Is dad mentioned at all? If he has rights, I would expect the order would reference him...or did he loose rights sometime in the past?

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Customer reply replied 3 months ago
Dad had visitation when mom was alive
Customer reply replied 3 months ago
My attorney called today and said dad could possibly have the guardianship recinded
Family Lawyer: P. Simmons, Lawyer replied 3 months ago

Thanks
Dad can certainly apply to get visitation...and the court will consider the request. But what you are describing if the dad has a history of abuse an sexual abuse? I would be surprised to hear that the judge gives anything other than perhaps supervised visitation

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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