Morenci, AZ asked in Family Law, Child Custody and Social Security for New Mexico

Q: What do I do if who was granted temporary kinship guardianship, recieved significant financial gain as a result ?

Mother in law and fiance were granted temporary kinship guardianship of Parent's three children in 2021. Guardians have received a significant financial gain as a result. Specifically the grandmother's social security disability benefits. As well as food stamps. The benefits are in mother and father's names, and guardian refused to return the EBT card. Children moved back into parent's home over a year ago, and guardians still claimed the dependents on this years tax return. Parents are now in the process of filing the motion to revoke the kinship guardianship.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: If you believe that the guardians have received a significant financial gain as a result of their temporary kinship guardianship and have not used these funds appropriately, there are several steps you can take.

Firstly, you may want to consider contacting a lawyer who can advise you on your legal options. They can also help you to file a motion to revoke the kinship guardianship if necessary.

Secondly, you can contact the relevant government agencies that oversee the programs in question, such as the Social Security Administration and the Department of Social Services. You can report any suspected fraud or misuse of funds, and they will investigate the matter further.

It is important to note that temporary kinship guardianship is granted to provide a safe and stable environment for children, and any financial gains should be used for the benefit of the children. If you believe that this is not the case, it is important to take action to protect the children and ensure that their rights are protected.

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