Q: My granddaughter has lived with me since June 2018 due to her mom's eviction. Can I file for guardianship or custody?
I agreed to keep my granddaughter for two months until her mother found a place to live. It has now been five months. Her mother recently found an apartment but she has yet to retrieve her daughter. I asked if she was ready for her to come back and she said she has to work. I work also. The mother receives weekly child support payments from my son but has not contributed to the care of her daughter at all.
A: You need to wait until you have had her for six months and then you will achieve de facto custodian status and stand on the same footing as her mother. You have to have her and provide for her for six months, not five or less, before you can claim this status. Id sit on it for another month and then you can filed for custody.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
