i have guardianship of my grandson. he is 13 months old. i've had him for 1 year and now the parents are devorcing and she decides that she wants him back. she has had nothing to do with him the whole time i have had him.what can i do?she has a dirty lawyer and i can't afford a lawyer. so i'm representing myself. but i do not know the how the courts work. do i take witnesses with me to the hearing? or will they call us back for a regular court.i want to be ready so i need some advice please help?
2006-10-23 05:53:14 · 9 answers · asked by country girl 2 in Politics & Government ➔ Law & Ethics
Better to be prepared then not, right? I'd gather your witnesses and make sure you have wrote everything down. Make sure you tell him everything about the mother. You have more rights then she does at this point. I wish I could help you more. I had my daughter taken from me by her father. So i walked into the courtroom thinking it was just a hearing and they took her that day so be prepared. My lawyer friend told me wrong. I was not prepared. The father had witnesses, I had nothing...L good luck
2006-10-23 06:06:17 · answer #1 · answered by ben and lisa h 3 · 0⤊ 0⤋
The court works very poorly in family court for someone that does not have an attorney.
They will make motions that you will not answer properly, they will use legal terms you don't undersand and can not respond back to properly.
You need an attorney very badly if you want any chance of winning.
And to have a witness testify you have to make a motion to the court to have them testify and provide the court with the names of those witnesses before time. And these hearings are regular court, in the hearings are where they will decide what happenes.
You need to have any witness at the hearing ( depending on exactly what the name of this hearing is) but most likely it is a show cause hearing of why the guardianship of the child should not be given over to the parent.
Assuming you were given legal guardianship by the courts, there had to be a reason, that needs to be addressed.
2006-10-23 08:11:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Contact your County Law Library, usually in the County Courthouse, and when the person picks up, tell them your problem and that you cannot afford a Lawyer to represent you, someone there may be able to refer you or tell you what you need to do. I don't know if your guardianship was an Orphans Court Appointed Guardianship or not, saying that it wasn't and that you have a piece of paper stating that you are, hopefully it is signed by the Mother and Father or at least one of them, that is your first piece of evidence to present. You should apply for the State Police and Child Abuse Clearance Reports from your State, this way there is no doubt, for the Court, that you have no history of Criminal Activity and that there are no reports of child abuse lodged against you. Gather all of the receipts, records, pictures of the child showing it healthy, happy, and content, anything that you have that can help your case for keeping the child. Are there any reports of neglect, criminal reports, anything that you can get officially showing that the Mother is not a responsible person and that the baby would be worse off with her. Are there witnesses to the fact of your guardianship or to any problems caused by or around the Mother? Anything that you can use to honestly show cause why the child should not be returned is a plus. If they are divorcing can you get the Father to help you as a witness and to back up your continued guardianship? No matter what, try the Law Library first, I pray that they can help you. One more thing, if the Law Library cannot help you, and I don't know why they wouldn't, and you are forced to go it alone, contact the Clerk of Courts and ask him questions, if he cannot help you he may put you through to someone who can, maybe even the Judges Law Clerk.
2006-10-23 06:19:53 · answer #3 · answered by snowedbear 2 · 1⤊ 0⤋
During this court process a "guardian ad litum" should be appointed to the child so that an assessment of this childs case can be given to the court, but on the first day you need to go to court prepared for everything. That includes having your witnesses available and any other evidence such as medical records and statements from medical staff saying that you have been the primary care giver . Bring evidence of the things you have involved the child in , ie; church, playgroups , counceling or anything that shows the court your commitment to this child. And remember, its the courts job to ascertain whats best for the child, not who spent the most time with him, so it will be the quality of your care that will be judged, not you personally.One last thing, some Lawyers do pro-bono or free cases, so contact your state lawyer referral service or the state Bar Association for a referral, most times the referrals and the initial consultation are free.
2006-10-23 06:12:18 · answer #4 · answered by YbNoml 1 · 1⤊ 0⤋
I'm not sure what state you live in but there are places in most major cities that help grandparents who have had to raise their grandchildren. Either look in the yellow pages under social services or go to the public library and have one of the librarians assist you in your search. Another good resource is your church. Talk to the minister/ pastor/priest and see if they can offer any hel. Plus they maybe who you need if you have to bring in a witness.
Good Luck!
2006-10-23 06:05:03 · answer #5 · answered by WillLynn 1 6 · 0⤊ 0⤋
Call around and see if you can find a lawyer who will help you pro bono. Going to court without a lawyer is like going to a gun fight with a stick.
2006-10-23 06:24:51 · answer #6 · answered by Me, again 6 · 0⤊ 0⤋
You haven't said what position your son is taking regarding custody. Generally grandparents have no rights as against natural parents. So if there's going to be a custody contest it will be between him & her.
2006-10-23 06:10:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
well one, how did you get custody of him in the first place? it sucks to say but you are going to have to get down and dirty if you want to keep him. Any evidence of neglect, abuse, drug use, so on and so forth...
2006-10-23 06:42:30 · answer #8 · answered by cawfeebeanz 4 · 0⤊ 0⤋
you are better off calling around to lawers act like you are looking for one and aks them things like this you will not find what you are really looking for on here
2006-10-23 05:59:53 · answer #9 · answered by nightsky1331 3 · 0⤊ 0⤋