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Guardianship/Custody

Discussion in 'Guardians & Conservators' started by Ariell18, Mar 30, 2016.

  1. Ariell18

    Ariell18 Law Topic Starter New Member

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    Hi, I have a 14 year old cousin that my mom has been back and forth with her sister (my aunt) about custody for pretty much her entire life. My aunt has some mental issues and has not worked since the late 90's. She also has an estranged husband who does work but barely makes enough to support his self and currently is living in a rented room. My aunt has been living in my grandmother's house since she left her husband back in the late 90's. My grandmother had a reversed mortgage on her home and has not lived in it for several years due to her health issues and the physical condition of the home which is deteriorating. Now it has been found out that she hasn't been living in the home and it will be sold via auction in a month. My aunt is scrambling thinking her and her daughter won't have anywhere to live.

    My cousin lived with my mom for 3 years between the ages of 9 and 12 but my aunt refused to actually sign over guardianship or custody to my mom stating that "her husband" wouldn't allow that (although he provides no financial support). My aunt has made comments in the past suggesting that she is holding on to the legal right to my cousin for assistance from the government (Medicaid and Food Stamps). My mom ultimately returned my cousin to my aunt. We actually spoke with child protective services in our home jurisdiction who told us that my mom would not be able to obtain custody of my cousin against her parent's wishes.

    My question is, now that they are about to be homeless would my mother stand any chance obtaining some form of custody of my cousin? The way things look they will actually be homeless because my cousin's father can't afford a place big enough to take in his daughter and my aunt is very disconnected from reality due to her mental issues and can not seem to obtain any kind of employment. She also can't seem to get help for the mental issues because she doesn't stick with any case worker/counselors long enough. We just want whats best for my cousin as she has endured a lot being with her mom and is really scared about possibly being homeless.

    Any advise would be greatly appreciated!
     
  2. ElleMD

    ElleMD Well-Known Member

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    Your cousin lost out in the parent lottery but it is unlikely your mother would be able to get custody if your aunt objects. The girl does have two biological parents. Should CPS see fit to remove the child from the home, it is possible that she could be placed with your family temporarily, but not a given. Loss of the home is not automatically a reason to take the child from her mother, nor is her mother having a history of mental health issues.
     
  3. Ariell18

    Ariell18 Law Topic Starter New Member

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    Thank you for that information. We will continue to talk to her and try to get her the help she needs and/or persuade her to consent to my mom having custody. We got close a few times but as usual she uses the estranged husband as an excuse.
     

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