Q: Is custody or guardianship the right choice to pursue so our granddaughter can stay with us until graduation.
My daughter asked for us to care for our 15 yr. old granddaughter until she was able too. There is a history of CPS involvement in 2 different states and emotional abuse. Our granddaughter has expressed her desire to live with us until finishing high school. We were wondering is it better to pursue custody or is guardianship a better choice? We need a court order to put her on our health insurance. Our granddaughter also does not want to be uprooted again and would like us to have control over decisions for her welfare. We feel that her mother would be open to voluntarily give custody or guardianship to us.
A: The child's preferences do not matter. Unless you are the child's legal guardian there is little you could do if her mom decides to come get her. On the other hand, given the history of CPS involvement, you might be able to convince the state to help you gain legal control over your granddaughter. This will require some official legal action based upon some current compelling reason for the state to intervene. Custody decisions are under the control of a state court judge upon properly filing an action in the court having jurisdiction over the child.
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