How do I get guardianship of my granddaughter who lives with me? 18 Answers as of October 28, 2011

My 9 year old granddaughter has been living with me since she was in the second grade. Her mother has substance abuse and mental health issues. How do I get guardianship/custody? I am the paternal grandmother. The maternal grandmother has not been involved however, has had her daughter remove the child so that they can benefit from state assistance.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
File a petition but be careful, you will need a lawyer due to new Grandparent Access rules.
Answer Applies to: Texas
Replied: 10/12/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
File a petition with the local family court for custody.
Answer Applies to: New York
Replied: 10/28/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
File a Guardianship case with the Probate Court.
Answer Applies to: California
Replied: 10/28/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Sounds like your granddaughter is very lucky to have you in her life. You need to go to Court and get custody of that child. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
Replied: 10/11/2011
Reza Athari & Associates, PLLC | Armand Fried
It must be heartbreaking for you. You need to petition the Courts for a guardianship appointment. There is no easy way of doing it. If ther is any abuse of the child going on in that family, social services may get involved and support your efforts at guardianship.
Answer Applies to: Nevada
Replied: 10/11/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Where is the Father? Hire a lawyer to file for Standing, Confirmation of Custody, etc.
Answer Applies to: Pennsylvania
Replied: 10/11/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
How you proceed will depend on what type of arrangement you are seeking. Your options are: - File for guardianship in the Probate court; - File for temporary guardianship, pursuant to a claim of deprivation, in the Juvenile court; or - File for adoption in the Superior court. Adoption would permanently terminate the parents' rights, and would result in you becoming your grandchild's permanent legal custodian. Guardianship does not alter the parents' rights, and would result in you having either temporary or permanent guardianship over your grandchild. A deprivation action would place the mother (and possibly the father) under a "corrective action plan" regarding her failures with caring for her child, and would result in you having temporary physical custody. You should consider speaking directly with an attorney regarding your options.
Answer Applies to: Georgia
Replied: 10/10/2011
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
Guardianship is granted in uncontested cases, where both parents agree to let someone else be their child's guardian. You can file a contested petition for custody; you need to consult with an attorney about your specific situation and the viability of a potential custody case and the options available to you, given the fact and circumstances in your particular situation.
Answer Applies to: Georgia
Replied: 10/10/2011
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
You need to file a request for guardianship at your local courthouse. There are several "grandparents parenting again" groups across the state, these groups often offer assistance to grandparents with guardianship paperwork.
Answer Applies to: California
Replied: 10/10/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You need to file a petition for guardianship. This motion will require service on both the mother and father.
Answer Applies to: California
Replied: 10/10/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You can go to the county courthouse and file a complaint for custody.
    Answer Applies to: New Jersey
    Replied: 10/28/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    You can begin the process by filing a petition for guardianship.
    Answer Applies to: Massachusetts
    Replied: 10/28/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    You need to petition the court for guardianship. You have to give notice to the biological father, however. You spoke of the mother and the other grandmother, but not the father.
    Answer Applies to: Illinois
    Replied: 10/10/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You only need an order granting you custody of the child. A complaint for same must be filed in the county where the child rsides.
    Answer Applies to: New Jersey
    Replied: 10/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You may file a motion to intervene in an existing custody case, or you can file your own petition for custody or guardianship in the county in which the child has resided for the past 6 months.
    Answer Applies to: Oregon
    Replied: 10/10/2011
    The English Law Firm
    The English Law Firm | Robert English
    In California, you would file a petition for guardianship. It can be complicated, so I would recommend that you contact an attorney regarding the specific facts of your case.
    Answer Applies to: California
    Replied: 10/10/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    There is a guardianship petition you can file. You can hire an attorney to help you out or you can go to court and pick up the forms you need and file the package on your own.
    Answer Applies to: California
    Replied: 10/10/2011
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