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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default How to Gain Guardianship of a Disabled Adult Child, Already Under Guardianship

    My question involves guardianship in the State of: Established in Ohio, Need a new guardianship in Michigan

    2 years ago, I asked a relative of mine(not a grandparent) to take on the care of my developmentally disabled daughter as I was physically/medically unable to care for her myself. She was 17 then, so custody was granted through the family courts. I did not 'lose' custody of my daughter and children services was never involved. Once she turned 18, because of her cognitive impairments, the relative applied for and was awarded Guardianship of both her and her estate in Ohio.

    Now 2 years later, in better health and much more able to provide the level of care that my daughter requires, I would like to regain custody of my daughter so she can live with me in Michigan. We have maintained contact and visits during this time with no problems. I will post a separate question in the Custody forum but I first wanted to know if:

    Since she is 19yr (but disabled) do I need to file for custody? Or will just revoking the relative's guardianship be enough for me to take her back to live with me (and be enough for schools & agencies?) ?

    Since I am in a different state, can I even request a transfer of guardianship from the relative to myself? I read that I'll need to file that in the county that it was was decided. Is that what an Emergency Guardianship would be useful for, the time between revoking theirs and filing mine in Michigan?

    I don't think that the relative will end up fighting me on this, so really I'm just looking for a clear idea of the process for when I have 'the talk' with them.

    Also, any advice on what types of forms & their titles that I would need to file would be appreciated!

    It's very hard for me to find this information online since my situation was voluntary, not due to substance abuse/jail/etc, and doesn't involve grandparents or her other natural parent. If there are any legal/informational resources for disabled parents dealing with these issues, please let me know!

    many thanks!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: How to Gain Guardianship of a Disabled Adult Child, Already Under Guardianship

    If she's an adult, her guardianship will not be simply by your consent, but will be through a court. If you want to modify the court's order, you need to go back to court and petition the judge to modify the order. The judge will be entitled to take your daughter's personal preferences and well-being into consideration when deciding if she should continue in her present situation or whether to approve your relocating her to Michigan.

    Your daughter is not domiciled in Michigan, so you have no basis to seek "emergency guardianship" in Michigan.

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