I need to legally take custody of my grandson. He's lived with me for 5 years - since he was 2. My daughter won't even

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Customer: I need to legally take custody of my grandson. He's lived with me for 5 years - since he was 2. My daughter won't even grant me temporary guardianship because she doesn't want to pay child support. She and the boys father are homeless. My grandson has special needs and this parents are not able to care for him adequately
JA: Have you talked to a lawyer about the guardianship?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I was willing to work with my daughter but they just got evicted again and I'm afraid they'll take him and run
Answered by Nisha Jones in 5 mins 2 months ago
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Nisha Jones
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Nisha Jones, Expert

Hello! My name is***** am a family law attorney with Just Answer, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Just Answer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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Nisha Jones, Expert

I reviewed your message and I'm happy to help. I'm sorry to hear about this situation. Are the parents willing to voluntarily sign over legal guardianship rights to you?

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Nisha Jones, Expert

Hi again, just checking in to make sure you received this last message I sent earlier:

I reviewed your message and I'm happy to help. I'm sorry to hear about this situation. Are the parents willing to voluntarily sign over legal guardianship rights to you?

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Nisha Jones, Expert

Since I haven't heard back from you (which is okay!) I did just want to forward some general information to you that should be helpful concerning the initial question you posted to the site. Please feel free to let me know if you still have any questions after reading my message. Thanks!

If the parents are unwilling to voluntarily sign over guardianship to you, the good news is that you can still pursue a legal guardianship order. You would need to file a petition for legal guardianship through your local court in the county where your grandchild  primarily resides. If you contact the clerk's office there, they should be able to provide you with the packet of forms for filing the petition for legal guardianship. You should be sure to include information concerning your previous history as a caretaker for your grandchild, as well as information concerning the length of time that he resided at your home. He should also be sure to inform the court about the parents' lack of proper housing at this time in their inability to provide care for your grandson's special needs. If you have assisted with his therapy or other resources for him in the past the then you should also be sure to provide that supporting documentation to the court as well. Given the information that you've shared, you should hopefully be successful with obtaining the legal guardianship order. An attorney is not mandatory, however it can be very beneficial to have legal representation. You can consider contacting your local County Bar Association's lawyer referral service for referral to a reputable family lawyer in the area.

I hope that helps! Let me know if you still have any questions about this. I'm here to help.

Customer
Sorry, I was driving
Customer
They are not willing to give me legal guardianship
Customer
They don't want to pay child support, or risk my being able to get full custody
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Nisha Jones, Expert

Thanks for the additional information, I'm sorry to hear that. Did you receive the message I sent earlier concerning obtaining the legal guardianship over their objections? If not, please let me know. I'd be happy to resend it now, thanks!

Customer
I did
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Nisha Jones, Expert

Okay great, thanks for letting me know. What state are you located in?

Customer
Wisconsin
Customer
Thank you so much! I will get the paperwork to begin the petition, and go from there
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Nisha Jones, Expert

You're welcome, I'm glad I was able to help! You can contact the Wisconsin State Bar lawyer referral service for a referral to a reputable family lawyer in the area well. The phone number is:(###) ###-####

If you have any more questions in the future and would like my help, please feel free to reach out to me here at Just Answer by posting a new question, and adding "For Nisha" to the first part of your question. Or you can save my profile as one of your "favorite experts" and post a question directly to me that way. I'd be happy to help. Please take care and stay safe.

Customer
Thank you!
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Nisha Jones, Expert

You're welcome!

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