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Do we have to appear before a judge to get guardianship of our 10 year old grandson?

Knoxville, TN |

We have provided for our grandson since he was in this world 10 years now. His mother (our daughter) has moved to another city and does not care for him. His Dad died when he was 6 months old and he has lived with us ever since. I need to get medical guardianship for his healthcare and for his school.

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Attorney answers 3


Yes. A judge will want the person petitioning to be the guardian to be present. Guardianship is a complex area of law, if you do not yet, you need to get a good local attorney to assist you with this. There are very strict rules as to notice and reporting that accompany guardianship beyond just petitioning the court, and that is if the matter is uncontested. If this is a contested matter, then it can get very messy and expensive very quickly.

This advice is for general purposes only and does not establish an attorney-client relationship. Your situation is complex, and nothing you are going to learn online can possible address your needs sufficiently. You should seek counsel from a licensed attorney in your area before you take any actions.


Certainly. Hire an attorney to assist you so you get through the process smoothly.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.


Yes, you need an attorney. I'm happy to sit down with you all, no charge, and review the situation. Will your daughter cooperate with you all? Perhaps a Power of Attorney is all the school and medical providers would need.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others. Thank you. This response may provide information relating to potential legal issues. Nevertheless, your review of any information contained herein is not a substitute for legal advice from qualified legal counsel. For this reason, you should not rely on this response as a source of legal advice. Your use of this information does not create any attorney-client agreement. In order to become a client of David C. Lee, you must negotiate a specific attorney–client agreement with an attorney from this law office.

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