Guardianship Advice for Grandparents

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concerndaunt

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My jurisdiction is: Illinois

Maternal Grandparents are trying to get guardianship of their 2 grandchildren. They have the full support of both parents, who have both signed paperwork and legal affidavits consenting to guardianship. One child has been residing with the Maternal Grandparents for about 10 months, the other was residing with the Paternal Grandmother for about 7 months before the parents decided that they wanted to move the child from the Paternal Grandmother's to live with the child's sister and Maternal Grandparents.

The Maternal Grandparents under the advisement of the parents immediately filed for guardianship of both girls. The Paternal Grandma has been verbally harrasing them, demanding overnight visitation of ONLY the child that was previously residing with her, and on the occassions when the Maternal Grnd Parnts did try to allow visition at their home she was so unacceptable with her behavior that they nearly contact law enforcement to have her removed from the property.

The Paternal Grandma has since summoned the mother to court demanding the "immediate return of minor child"(to whom she has NEVER had legal custody or guardianship). There have been several court dates already going back and forth over only the 3 year old who was previously living with her. She recently just filed for guardianship of the 14mth old who has been residing with the Maternal Grandparents. She is threatening to take everyone to trial and prove the ENTIRE family unfit and demands custody of both children. Her primary interest however is with the 3 year old.

I am posting on behalf of the Maternal Grandparents who are sick with worry. They have an attorney, but he does not seem to be doing much good. The general oppinon among the Maternal family members, as well as the parents is that if the parents are consenting to guardianship being with the Maternal Grandparents then how is it that this has gotten so out of hand and how can they get it to stop? No one on the maternal side wants the girls to be split up again and due to several issues with the Paternal grandmother before this situaion as well as now do not want the girls to end up living with her. The parents want both girls to have a relationship with the grandma, but just do not feel she is an appropriate caregiver.

The parents are homeless and have personal issues as well, but at the end of the day they have made a decision that they are incapable of caring for their children appropriately and wish to give them a suitable environment to be raised. The parents do not have a lawyer and are difficult to get to the court dates. The grandma is using this as a way to prove them unfit.

This is in the state of Illinois.

Can anyone help??
 
Temporary Guardianship for Grandchildren

With permission from the parents it should be rather easy to download temporary guardianship papers from the internet. Most of these can be done for free and filled out at home. Just be sure everyone can be gotten together and they are signed in front of a notary public! I did this with two of my grandchildren, which I have had for several years now. It gives me the right to make all decisions for them regarding health, religion, education and so forth. It also gives everyone a chance to extend it after several years. You can make them for one year at a time, or several years at a time, it's up to you. After having them notarized, make copies for school and keep one in your glovebox. If, at anytime, the parents get their acts together and straighten out financially, emotionally, etc. Then you can address the issue of ending the guardianship on a peaceful basis. This should put a stop to the paternal grandmother's fight, the papers are legal here in California, as well as in Florida. I hope this helps, and I will keep your family in prayer. An understanding grandmother.
 
Why did the parents have the 3 yr old residing with the other grandparent? That complicates things as the child has bonded with that grandparent. That grandparent has the right to pursue custody but it is up to the courts to determine what is in the childs best interest. The maternal grandparents need to find another attorney if they feel this one is not working out. Paternal grandma is totally out of line in wanting both the kids. Having paperwork notarized does not make it court binding or legal. The grandparents need to file for cusotdy for both kids and if both parents are consenting to guardianship to maternal grandmother, then paternal should not have any rights until the court gives her some.
 
With permission from the parents it should be rather easy to download temporary guardianship papers from the internet. Most of these can be done for free and filled out at home. Just be sure everyone can be gotten together and they are signed in front of a notary public! I did this with two of my grandchildren, which I have had for several years now. It gives me the right to make all decisions for them regarding health, religion, education and so forth. It also gives everyone a chance to extend it after several years. You can make them for one year at a time, or several years at a time, it's up to you. After having them notarized, make copies for school and keep one in your glovebox. If, at anytime, the parents get their acts together and straighten out financially, emotionally, etc. Then you can address the issue of ending the guardianship on a peaceful basis. This should put a stop to the paternal grandmother's fight, the papers are legal here in California, as well as in Florida. I hope this helps, and I will keep your family in prayer. An understanding grandmother.

This sounds more like a power of attorney. Also, what is legal in CA or FL has nothing to do with poster's state of Illinois.

They have attorneys, they can handle it. The parents' preference should trump anything else, they are the only ones with any rights to the kids. The bonding issue with the other grand may complicate things.

Were the parents married? If not, is Dad on any paperwork? If he's not, paternal grandma has NO right to have the child.
 
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