Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

How can we have legal guardianship of our granddaughter that

we have raised since couple...
How can we have legal guardianship of our granddaughter that we have raised since couple months old & now over 3-1/2 yrs old? We live in WV & mother collects OH state benefits still. She has no physical, legal, steady address & now stays with a new guy in WV. Tried to explain this to OH DHHR & WIC Program few times, but was told need attorney. Husband is only income, I don't work for medical reasons 2 yrs before she was born so trying for SS Disability. Granddaughter should begin school soon, but no legal papers for us in WV. Mother has drug addictions, no driving license & been in/out of jail for many reasons + drug paraphernalia & a list cannot recall. Has only taken her overnite handful times in last yr & now sees her (finally) 3-4 days/week w/new guy that has 3 yr old-husband knows fami Father out of picture due to drugs, violence, no license & drunk driving & being in/out of jail..in jail w/manslaughter, driving drunk w/no license. What to do?
Show More
Show Less
Ask Your Own Legal Question
Answered in 9 minutes by:
6/20/2013
AttyCBradford
Category: Legal
Satisfied Customers: 643
Experience: Attorney At Law
Verified

AttyCBradford :

You would need to apply for guardianship of the child through the court system in WV. Here is a link to the process through the courts. http://www.courtswv.gov/legal-community/court-rules/MinorGuardian/contents.html You are going to also need a parental waiver from both parents

AttyCBradford :

To obtain this A parent may waive his or her priority right of consideration for appointment as guardian of the person or estate of any minor child. The waiver by a parent must be either: 1) made before the court on the record in the guardianship proceedings; or 2) evidenced by a written waiver signed and verified that is filed with the court in the guardianship proceedings.

AttyCBradford :

Essentially, if the mother and father agree to the guardianship then the court will grant it. If not, it becomes contested and the judge will hear argument as to why and why not you should be the guardian

AttyCBradford :

From the sounds of the case though you should not have a problem since you have been the stability in the minor child's life

Customer:

Both parents will not give legal guardianship. Mother of child is committing fraud in state of Ohio. Father is behind on child support.

Customer:

Mother is our daughter. Father has another child + 2 siblings that are raised by their maternal parents.

AttyCBradford :

You will need to file a petition for guardianship of the minor child in WV. You will then ned to serve all interested parties, meaning, mother, father and paternal grandparents. Then show up for the hearing and explain your basis for the request

Customer:

We have always claimed granddaughter on income tax also, except she claimed for 2012 taxes before we could. Our CPA advised us that we are only legal right but would be messy & get attorney to fight it, so we allowed this time but no again while she is with us.

Customer:

We have no legal/physical mailing address for either parent & magistrate said that is a problem. Paternal grandfather takes her few hours 1-2 times a month, since we have a mutual concern for child.

AttyCBradford :

Yes, for service then you will need them served or the Petition won't be heard. In WV the Petition must be served in accordance with Rule 4 of Civil Procedure which provides service in any of the following manners:

AttyCBradford :

RULE 4. SUMMONS
(a) Form. The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff. It shall also state the time within which the defendant must appear and defend, and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. The court may allow a summons to be amended.
(b) Issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons to be served as directed by the plaintiff. A summons, or a copy of the summons if addressed to multiple defendants, shall be issued for each defendant to be served.
(c) Service With Complaint; by Whom Made.
(1) A summons shall be served together with a copy of the complaint. The plaintiff is responsible for directing the clerk in the manner of service of the summons and complaint within the time allowed under subdivision (k).
(2) Service may be effected by any person who is not a party and who is at least 18 years of age.
(3) At the request of the plaintiff and upon payment of the applicable fees and costs of service, the clerk shall:
(A) Deliver the summons and complaint to the sheriff for service as directed by the plaintiff; or
(B) Make service by either certified mail or by first class mail as directed by plaintiff; or
(C) Forward a copy of the summons and complaint to the Secretary of State, as statutory attorney-in-fact, for service as specified by any applicable statute.
(d) Manner of Service. Personal or substitute service shall be made in the following manner:
(1) Individuals. Service upon an individual other than an infant, incompetent person, or convict may be made by:
(A) Delivering a copy of the summons and complaint to the individual personally; or
(B) Delivering a copy of the summons and complaint at the individual's dwelling place or usual place of abode to a member of the individual's family who is above the age of sixteen (16) years and by advising such person of the purport of the summons and complaint; or
(C) Delivering a copy of the summons and complaint to an agent or attorney-in-fact authorized by appointment or statute to receive or accept service of the summons and complaint in the individual's behalf; or
(D) The clerk sending a copy of the summons and complaint to the individual to be served by certified mail, return receipt requested, and delivery restricted to the addressee; or
(E) The clerk sending a copy of the summons and complaint by first class mail, postage prepaid, to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to Form 14 and a return envelope, postage prepaid, addressed to the clerk.

Customer:

He also takes father's other child regularly since she is older & has a close relationship existing. That is why he is trying with our grandchild to develop one also.

AttyCBradford :

You have a very strong case for guardianship and I suggest you file one promptly with the court to protect the minor child's interst

AttyCBradford :

if I have answered all of your questions please press accept and provide positive feedback so I will get credit for assisting you. PLEASE NOTE: this is a PAID answering service and we only receive credit for assisting you if you accept the answer. If you are not satisfied and need additional assistance, please ask before providing negative feedback and I would be glad to assist you further. Sometimes I am working with more than one customer at a time so please allow a chance to respond. Thank you and I wish you the best in your situation! I strongly suggest that you consult with a local attorney in your area on this matter. This information is provided for general informational purposes only and does not constitute legal advice nor has an attorney-client relationship been formed.

Customer:

Yes, I believe you have given me enough information to pursue in a more positive path than found other ways. I appreciate all your cooperation and will immediately move on getting guardianship or what is necessary for our grandchild. Thank you ever so much!

AttyCBradford :

Thank you and you are welcome. Please accept and provide positive feedback so I can get credit for assisting you

Customer:

I will do so now. Have a great day.

AttyCBradford :

you too :)

AttyCBradford
Category: Legal
Satisfied Customers: 643
Experience: Attorney At Law
Verified
AttyCBradford and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask AttyCBradford Your Own Question
AttyCBradford
AttyCBradford
AttyCBradford, Lawyer
Category: Legal
Satisfied Customers: 643
643 Satisfied Customers
Experience: Attorney At Law

AttyCBradford 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:

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

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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Daughter was driving blacked out while driving went off
daughter was driving blacked out while driving went off roard hit a tree.. went to er did ct scan of head exray of leg sent home. leg in severe pain went 3 day later to get mri they waited 7 day to te… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
What section of the California Rules of Civil Procedure
what section of the California Rules of Civil Procedure governs discovery response times/due dates? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Federal Rule of Civil Procedure, the Defendant has failed to
Federal Rule of Civil Procedure, the Defendant has failed to "plead or otherwise defend" pursuant to 55(a)(b)The Defendant has filed a motion for an extension on December 4th, The Federal judge did NO… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
What is Mississippi rule of civil procedure 12()(6) I did
what is Mississippi rule of civil procedure 12(b)(6) … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
In reference to the Colorado rules of civil procedure 59 for
hello in reference to the Colorado rules of civil procedure 59 for a new trial how long does it usually take for the judge to respond and is there another motion i should file with the court if i don'… read more
Damien Bosco
Damien Bosco
3,376 satisfied customers
The California Secretary of State said that there is a big
The California Secretary of State said that there is a big difference between filing Articles of Organization and forming an LLC in California. Question; Does a LLC have to be completely formed in Cal… read more
socrateaser
socrateaser
1,031 satisfied customers
I need to file a motion pursuant to code of civil procedure
i need to file a motion pursuant to code of civil procedure section 1987.1 … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I have a question about civil procedure. The case is civil
I have a question about civil procedure. The case is civil unlimited filed in Superior Court, California. I am aware that many cases get dismissed And requests get denied due to procedure issues. Is t… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
1. Code of Civil Procedure-CCP 367 said every action must be
1. Code of Civil Procedure-CCP 367 said every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. I would like to read the stipulations that c… read more
socrateaser
socrateaser
1,031 satisfied customers
Got pull over last night driving to it was a drive and they
got pull over last night driving to it was a long drive and they though id been drinking. passed but found alittle weed I the time they want me in court i leave for work. cant i just pay the fine … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
If a Massachusetts Corporation files w/ Secretary of State a
If a Massachusetts Corporation files w/ Secretary of State a name change of the corporation, does the newly named corporation ( same Articles of incorporation still in effect - not changed or amended … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
What Ohio rule of civil procedure stats that when answering
What Ohio rule of civil procedure stats that when answering a complaint the party answering must answer all the facts and allegations in the complaint.… read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
What Ohio law of civil procedure states all pleadings must
what Ohio law of civil procedure states all pleadings must be made truthfully and honestly. Can you Cite me ohio supreme court decision where a case was dismissed because a defendant didn't follow thi… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Is there any law or rule of civil procedure that says a
Is there any law or rule of civil procedure that says a Judge can rule against someone for the mere fact that they don't cite relevant cases that this can cause the judgement to be rendered against th… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Civil Procedure. MA Attorney fees was awarded to Plaintiff.
Civil Procedure. MA Attorney fees was awarded to Plaintiff. How can this amount be lowered? Is there a motion to lower this?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I received an odd phone call from civil procedures saying I
I received an odd phone call from civil procedures saying I was going to be served with papers … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
Federal Rules of Civil Procedure - I filed a motion with a
Federal Rules of Civil Procedure - I filed a motion with a certificate of electronic service on the other parties but failed to actually send it. What steps should I take to correct this error?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Second opinion] Federal Rules of Civil Procedure - I filed a
Second opinion] Federal Rules of Civil Procedure - I filed a motion with a certificate of electronic service on the other parties but failed to actually send it. What steps should I take to correct th… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 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