Could a grandmother get guardianship of her grandchild? 13 Answers as of June 21, 2011

Could a grandmother get guardianship of her grandchild if she is an illegal immigrant in the united states?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If she demonstrates that she is qualified to be the child's guardian, the Court can grant her petition for guardianship of the child. The fact that she is an illegal immigrant will likely not prevent her from becoming the child's guardian. Being legal isn't a requirement for guardianship.
Answer Applies to: California
Replied: 6/21/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
The fact she's illegal won't hurt her but she won't gain custody or guardianship over the parents objection without a good fight... Generally the parents are presumed to be best fit unless there's any evidence to he contrary.
Answer Applies to: New York
Replied: 6/20/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Generally, a grandmother can become the guardian of a grandchild if there is a legitimate reason or if the parents consent. A specific answer requires a full understanding of all the facts and reasons for the guardianship so you need to contact an attorney famliar with the law in your state. There is no specific requirement that a guardian be a legal immigrant, but you need to recognize the reality that it may not be wise to appoint someone as a guardian if that person is likely to be deported. Any adult appointed as a guardian should be someone who can provide a reasonable guarantee of stability for the child so a judge might not believe the grandmother is a suitable person.
Answer Applies to: Colorado
Replied: 6/20/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Probably not. The court is likely to be quite reluctant to give any sort of guardianship to a person who is in the US illegally.
Answer Applies to: Washington
Replied: 6/20/2011
Pontrello Law
Pontrello Law | William Pontrello
The court usually prefers a relative if qualified and competent.
Answer Applies to: Florida
Replied: 6/20/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Yes, but there is a lot more involved. I suggest you speak to an attorney.
    Answer Applies to: Connecticut
    Replied: 6/20/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    If you are this grandmother, please consult a lawyer for a confidential interview. When most people say "guardian", they mean the physical and legal custodian of a child. Courts in Washington State, and no doubt many other states, consider the legal immigration status of the proposed custodian an important factor in providing the child with a stable home.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    While it would be possible for a grandmother to gain custody of her grandchild by filing a petition in the probate court, if the grandmother is illegal it could lead to authorities finding out she was illegal and that could lead to her deportation.
    Answer Applies to: California
    Replied: 6/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Either the parents can grant you guardianship or you can seek it in court. I believe what you are actually asking however is whether you can have custody.You can get custody only if you prove both parents are unfit and it is in the best interest of the child.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Probably not. But please discuss this with a local domestic relations attorney as soon as you can.
    Answer Applies to: Ohio
    Replied: 6/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe (although generally no) depending on details we do not have.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    That is a very interesting question. If no one asks, I would think the answer would be "yes", but if someone asks during the case that fact might impact on a Judge's decision. I am not aware of any law that in and of itself bars someone who is illegal from getting custody. If the case is uncontested then probably no one would know and it wouldn't be a problem in the case.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    It depends of State law, but generally yes, and immigration status, while it might come up, is not determinative. In Nevada, "third parties" such as grandparents, can seek visitation, custody, guardianship, or even full adoption.
    Answer Applies to: Nevada
    Replied: 6/17/2011
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