Do I have any rights on a child that I took care for 3 years upon mother’s request?
I have been taking care of a child in my home for 3 years at the mother’s request. She recently removed the child when I filed guardianship papers for the child. She has since not allowed me any contact with the child. I would like to know if I have any rights or protections against such actions.
Answered By: Law Office of James Bordonaro
Difficult question to answer. In theory no, you don't have any rights but you probably have a right to notice if there is a custody action between the mom and dad. You can still file a guardianship but unless the mother is unfit she'll have an absolute right to the kid. If you had filed the guardianship or custodianship before she took the kid back you probably could have gotten a temporary custody order in your favor. I hope all works out and you get visitation if she comes to release you're only trying to help.
Answer Applies to: Kansas
Replied: 11/6/2011
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Answer Applies to: Kansas
Replied: 11/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Reeves Law Firm, P.C.
Did your possession of the child end within the last six months? If so, you have standing, based upon your question. This is a very tricky area, but something to look at.
Answer Applies to: Texas
Replied: 11/3/2011
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Answer Applies to: Texas
Replied: 11/3/2011
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Answered By: The Law Office of Kem Eyo, LLC
The only people who are entitled to rights to the child are the mother, the father, and (in limited situations) the grandparents. If you do not fit into one of those categories, you may only acquire custody if the child is deemed deprived and is placed in your custody or if you acquire guardianship.
Answer Applies to: Georgia
Replied: 11/2/2011
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Answer Applies to: Georgia
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Reza Athari & Associates, PLLC
I am not sure what your guardianship rights granted you and if they were finalized by a court. If you have guardianship rights, those rights would prevail unless properly cancelled. You will not have additional rights to the child. Unfortunately, generally, you are not be entitled to parental rights or custodial rights unless there was an adoption.
Answer Applies to: Nevada
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Nevada
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dunnings Law Firm
Not unless you have a court order that gives you rights
Answer Applies to: Michigan
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Michigan
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Alfred Law Firm
If you were the primary care giver for the child, you can petition the court for custody. Your strategy/argument will depend on what your relationship is to the child. If you are a close relative (example, grandmother, aunt, etc.) you will have to show that granting custody to the mother will cause harm to the child and that granting you custody would be in the best interest of the child.
Answer Applies to: Georgia
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Patricia C. Van Haren, Attorney at Law
You can continue to Request the Guardianship. You may wish to get emergency orders from the court for a Temporary Guardianship over the child.
Answer Applies to: California
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: John E. Kirchner, Attorney at Law
If you and the child live in Colorado, and if you cared for the child exclusively for 6 month before the mother retrieved the child, you are permitted to file a custody case (called an Allocation of Parental Responsibilities proceeding in Colorado) to seek some rights and/or authority. Against a parent, you will have an uphill battle and will have to convince the court that the child's best interest are to remain with you in spite of the parent's constitutional rights. You need to consult a lawyer about the situation and your chances for success.
Answer Applies to: Colorado
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
If you are not the mother or father, you likely have no rights.
Answer Applies to: Georgia
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Michael W. Bugni
It sounds like, from your question, that you are neither the child's biological mother or the child's biological father. That can put you in a difficult position. This is because the rights of a third party as against a biological parent are really pretty minimal. About your only choices would be either a third party custody action or a de facto parent action. Both of those can be hard and very expensive. Whether you could prevail at either of them, I could not say from the information you provided.
Answer Applies to: Washington
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Washington
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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