How to Get Guardianship of My Grandchild

**concernedgrammy** · 07-10-2011, 07:42 AM

My question involves guardianship in the State of: Indiana
I have a 14 month old grandchild. I talked with an attorney about getting guardianship of her-he said it sounds like I have a strong case. She has lived with me since she was born except for 5 weeks last year. I have supported her, her dad doesn't pay any support and he just quit his job. My daughter doesn't work, continues to make bad decisions for herself, which now reflects onto my grandchild. I don't want to hurt my daughter but I do want to provide a stable, safe, loving home for my grandchild.
What would some of the reasons I wouldn't get guardianship?

**cyjeff** · 07-10-2011, 09:00 AM

Why are you not directing this question to your attorney... the person that has full knowledge of the details of your case?

**concernedgrammy** · 07-10-2011, 09:27 AM

I have not hired an attorney yet. I called one last week and asked questions. I was upset when I talked with the attorney and didn't ask what were some of the reasons I wouldn't get guardianship.

**cyjeff** · 07-10-2011, 10:36 AM

Quoting concernedgrammy

I have not hired an attorney yet. I called one last week and asked questions. I was upset when I talked with the attorney and didn't ask what were some of the reasons I wouldn't get guardianship.

Oh, so you DON'T know if you have a good case.

Why is mom unfit? You say bad choices. How many of those bad choices have resulted in you calling child protective services?

If the answer is "none", you are already handicapping yourself.

**Mr. Knowitall** · 07-10-2011, 08:27 PM

cyjeff, if mom is off making her bad choices while grandma takes care of the baby, what would you expect protective services to do? Mom isn't neglecting the child if the child is living with a responsible adult. That's actually a way to keep protective services out of a family's situation.

It's pretty routine for a grandparent who is exercising physical custody to get guardianship if the parents either consent or don't oppose the petition. The point of caution is that if one or the other parent doesn't want you to have guardianship they may respond to your petition by taking the child out of your care.

**cyjeff** · 07-10-2011, 08:31 PM

Quoting Mr. Knowitall

cyjeff, if mom is off making her bad choices while grandma takes care of the baby, what would you expect protective services to do? Mom isn't neglecting the child if the child is living with a responsible adult. That's actually a way to keep protective services out of a family's situation.

It's pretty routine for a grandparent who is exercising physical custody to get guardianship if the parents either consent or don't oppose the petition. The point of caution is that if one or the other parent doesn't want you to have guardianship they may respond to your petition by taking the child out of your care.

Good point... but we still don't know what makes mom unfit....and I will admit to assuming that mom and dad were against it due to the tone of the post.