Q: A few years back I signed guardianship of my child to my exinlaws due to losing my job and house. Recently they decided
To move to a new city 200 miles from me. My daughter is 15 and begged to stay with me instead. She is now living with me full time due to the fact they would be living in a camper until they found a place to live. They dropped her off and I asked them to sign a paper stating she was now in my physical care and that I will have her 100% of the time so that I can stop child support and take her to doctors appointments and sign papers for school and any other decision I may need to make. They refused saying it is in case she wants to live with them again. I am at a loss on what to do. I pay $600/month in child support through the state to them $300 in arrears from when they established the order. I can either pay for her a place to live and have food and utilities or I can pay for a lawyer to help out. I am afraid if I pay for the lawyer they will take her back. She is 15 turns 16 in a few months. Any advice on how to proceed?
A: The facts unclear as to why you would be paying a significant amount of current child support if the child living with you; that would be a question a lawyer could help you sort out.
With regards to change of custody, that is question that a court would make the final determination. There do appear to be facts in your favor; shas has resided with you the past several years, you provide her wiyh a stable household (while theirs does not appear to be stable), she is 15-16 and her opinion does count at that age as to which parent she wants to live with.
With regards to guardianship, it may be appropriate to terminate at this point. Assuming there are no dramatic negative hidden facts (e.g., there was a substantiated abuse claim and dependency action that caused you to have to turn over your parental rights to in-laws) , there seems to be little reason that guardianship should continue.
No question will cost you money, but likely to be a lot less than another -2-3 years of child support AND, you may be able to pay off your arrears sooner -those will follow you forever until paid. I recommend you at least consult with one.
Kevin M Rogers agrees with this answer
A: You're got a tough choice to make. You've now got her in your custody, so why worry about it? Because of her age, even if in-laws want to take her back it is UNlikely that they would want to take her back if she if adamant about living with you? Teenagers TEND to be able to live where they want to live. So, my advice, keep your money, take care of your daughter, let child support know that she is now living with you and don't give any reason to your in-laws to want to reconsider their decision.
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