What can I do to get guardianship over my niece? 8 Answers as of June 14, 2013

My niece was left by her mom with me and I was told she would be picked up may 30th and wasn't. Also the parents haven't contacted us since may 28th. Her parents are very neglectful, and have loss gardianship of their other child.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Patrick McCarthy
Patrick McCarthy | Patrick McCarthy
It is possible that you could pursue a guardianship petition concerning your niece. It might be possible to plan and have parents consent to a limited guardianship or explore whether or not full guardianship is proper. Further information should be obtained and discussed with a legal professional to make sure your taking the proper course of action.
Answer Applies to: Michigan
Replied: 7/5/2012
Clos, Russell & Wirth, P.C. | Gary A. Russell
You must Petition the Probate Court for Guardianship of the Minor Child. After notice to the parties, a hearing will be scheduled before a Probate Court Judge to determine if Guardianship is proper and should be granted.
Answer Applies to: Michigan
Replied: 7/3/2012
Law Offices of Maryanne Spryszak-Hanna PC | Maryanne Spryszak-Hanna
You could contact child protective services (CPS) in your area. Tell them that the child has been abandoned by their parents and that the child has been in your care since May.That you have not heard from the parents since May 28. They will probably open a CPS case and place the child with you. They will likely try to contact the parents to resolve this. (They will tell them unless the parents volutarily grant guardianship or pick up the child, CPS will step in.) Be certain you have the last known address and phone numbers of the parents. You could ask the parents to voluntarily grant you guardianship of your niece for medical and school purposes, since you either need to show that this is your child or you have guardianship of her in order to have her treated by a physician or dentist or to enroll her in school or day care. If they are receiving public assistance, however, the parents may say "no" since not having a dependant child would likely cut them off. Tell this to CPS if you choose that route. Caveat if you go the CPS route, be prepared to have your home checked out from top to bottom and be willing to furnish Driver's Licenses and Social Security numbers for everly person over 18 residing in the home for a background check. If you ar anyone else in the home has a criminal record or a DUI CPS may not be able to place the child with you.
Answer Applies to: Michigan
Replied: 7/3/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Hire an attorney. Sounds as if you have a good case for guardianship.
Answer Applies to: Michigan
Replied: 6/14/2013
Davis-Yancey Law & Life Coaching, PLLC
Davis-Yancey Law & Life Coaching, PLLC | Gwendolyn Davis-Yancey
When a child is basically abandoned by his/her parents, there is one of two processes that can be taken. First, Child Protective Services can be called, which could result in the child becoming a ward of the State of Michigan. You then have the opportunity to have the child placed in your home as a foster parent. If you go through Child Protective Services you could be appointed as the child's foster parent and receive State assistance to provide for the child. The State could also provide the child with needed counseling, medical attention, etc. The parents of the child could also be required to participate in parenting classes which could benefit the family as a whole. In addition, Child Protective Services will typically require that your home be approved and that your household will be monitored during the entire time period that you are a foster parent. There also is no guarantee that you will be chosen as the foster parent for your niece. The other option is for you to file a Petition for Guardianship with the Probate Court in the county that you live. You would be required to send notice to both parents and include in the Petition that the child has been abandoned by her parents. If you are appointed guardian over the child, you will be required to provide for the care, maintenance and custody of the child independently. Typically, you will not have to undergo the home monitoring that is required when you go through Child Protective Services. However, you do not have access to the various State resources that can assist with providing for the child. It will be necessary however, to complete an annual Guardianship Review, which substantiates that the child is still in need of a guardian and is adequately thriving in your home. Currently, there is a $150 filing fee that must be paid when the Petition for Guardianship is filed with the court. A Guardian Ad Litem may be appointed by the court to meet with you and the parents (if possible) in order to determine whether you should be appointed as guardian. The Guardian Ad Litem typically prepares a report indicating whether you should be appointed guardian and submits the report to the court.
Answer Applies to: Michigan
Replied: 7/3/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    In order to obtain a guardianship over a minor, you need to either gain the consent of the parents or suspend/terminate their parental rights. You would start by filing the appropriate guardianship paperwork at your local probate court. Given these limited facts, it's unlikely that the parents' rights will be terminated although, depending on their history, it could be suspended.
    Answer Applies to: Michigan
    Replied: 7/3/2012
    Theodora Fader | Theodora Fader
    You would need to file a petition to appoint a guardian in the probate court.
    Answer Applies to: Michigan
    Replied: 7/2/2012
    Law Office of Christine A. Gara | Christine A. Gara
    To get a guardianship over a minor child, you will have to petition the Probate Court to be her guardian. Enlist the help of Child Protective Services and they may do the petitioning for you if the children appear to have been abandoned by their parents.
    Answer Applies to: Michigan
    Replied: 7/2/2012
Click to View More Answers: