I am a grand-mother and have legal guardianship of my grand-daughter. She has been living with me since 2019 and she was

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Customer: Hi, I am a grand-mother and have legal guardianship of my grand-daughter. She has been living with me since 2019 and she was 14yrs old. I have been getting her professional help to assist with her anxieties and her PTSD as she was abused by her mother's boyfriends and her mother. My son has full custody but he has moved away so I am her legal guardian. My grand-daughter was following a professional psychiatrist. She turned 16yrs in July 2020 and we had an argument in January this year, where I had to get the police involved. She spent an overnight at her mom's place on Jan 2 and she was to return on Jan 3rd at 4:00 p.m. My grand-daughter wanted to stay but she had not taken her meds and we had an agreement. So when I went to pick her up, things started to go bad with her and myself as her mother was coaching her in the background. When we got home, she wanted to leave and told her that she couldn't but her mom was coaching her that she was able to leave and to call 911 as I didn't want her to leave. I also called 911 and explained that I was her legal guardian and that the court judge mentioned that the mother should not have any kids with her. The police came and told my grand-child that she was of age to decide where she can live, including living at her mom's. So I had to let her leave but her school has been notified and her grades are decreasing terribly and she is late to her online classes. What should I do? What are my rights and am I still legally responsible for her? I believe drugs are involved are her mother's but I can't prove it.
JA: What state are you in? Guardianship law varies by location.
Customer: I'm in Ontario Canada
JA: Do the biological parents consent to the guardianship?
Customer: My son signed the proper agreement as he has the last say on the guardianship and where she should live.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Since she is 16yrs of age, can I force her to come back or leave her at her mom's place.

Answered by Debra in 39 mins 1 year ago

Debra

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra

163730 Satisfied customers

10+ years of experience

Debra

10+ years of experience

163730 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

That is a really sad story. It's heartbreaking in fact. Unfortunately, though at 16 in Ontario child has a right to live where they want and so there is nothing that you can do to compel her to move back home with you.

Does the clarify the law and answer your question even though it is not what you were hoping to hear?

I wish I had a better answer for you.

Customer

Hi Debra, Thank you for the response, but am I or my son still legally financial or responsible for her until she is 18yrs of age?

Debra, Expert

You are not.

Your son is as she is living with her mother.

Customer

if my grand-daughter does illegal services, my son is still responsible?

Debra, Expert

No. He wouldn't be liable for her actions when she's living with her mother but he's required to pay child support to the mother.

Customer

they have joint custody on papers

Customer

but based on the legal papers, he has the last word on any situations

Customer

is he still required to pay child support?

Customer

I'm assuming they will have to iron that out in court if it comes to that.

Debra, Expert

He has to pay child support because the child is living with her mother.

Customer

Thank you for your assistance

Debra, Expert

You are very welcome.

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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