Legal Question in Family Law in Michigan

legal gaurdianship over grandchildren

Mother has parental custody of children. She is mentally incapable of caring for them. Has agreed to give grandparents full custody. How do we make this legal?


Asked on 6/13/07, 7:23 am

3 Answers from Attorneys

Re: legal gaurdianship over grandchildren

Custody is awarded by court order. A family law attorney can help you obtain such an order. For more information go to:

www.MidMichiganDivorce.com

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Answered on 6/13/07, 8:20 am
rajeshwar sharma rajeshwarnathsharma

Re: legal gaurdianship over grandchildren

For legal cusdoty by the grandparents, cusdoty order from the court is necessary. The court will not entertain the willingness attitude of the mother when she is not mently fit and not in good state of mind. It is advisable to consult the attorney/ lawyer

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Answered on 6/13/07, 9:01 am
Ari Berris The Berris Law Firm, P.C.

Re: legal gaurdianship over grandchildren

Several procedures must be followed including filing a petition with the court granting the grandparents custody.

The ease of this situation will also depend on what you have described as "mentally incapable". If the mother is able to give her assent to the change in custody this will be easier then if she is not legally capable based upon her mental state. Is the children's father living this may be an issue depending on his legal standing.

You need to find yourself a qualified family law attorney. We would be happy to assist you in anyway possible. Please feel free to contact us directly.

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Answered on 6/13/07, 9:51 am


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