Grandparents need help with guardianship of grandchild

Asked almost 6 years ago - Orlando, FL

My 16 year old daughter lives with us and we make too much money for Medicaid, therefore we would like to add her to our insurance. They stated we can but have to have legal guardianship of our granddaughter. I need to know what to do to have this done. I don't have alot of money so it would be really hard to pay a lawyer and I would like to do this as enexpensively as possible since I am taking on more financial responsiblity for my granddaughter. Any information you could provide would be great

Attorney answers (3)

  1. Lynn B. Aust

    Contributor Level 6

    1

    Lawyer agrees

    7

    Answered . Unfortunately, Florida law requires you hire an attorney to seek guardianship. This is not something you can do without the assistance of an attorney. I understand you are trying to keep your costs down and if your daughter will sign the consent for you to seek guardianship of your granddaughter, it will be less expensive than if you sought guardianship without her consent. The process would require filing a petition to the court asking for guardianship, an application completed by you, background check on you performed by Florida Department of Law Enforcement, hearing before the judge to determine the granddaughter's need for guardianship and your ability to serve as guardian. I would check with your insurance company to determine if Guardian of the Person (not Guardian of the Property) would be sufficient for insurance coverage because seeking Guardian of the Person only is less expensive than seeking Guardian of the Person and Property.

  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

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    Lawyer agrees

    5

    Answered . Thanks for your question. Guardianship is a legal proceeding and you will need attorney to file proper petition in guardianship court. You will also need parents permission and/or prove to court that itis in best interest of child for you to be appointed. I would recommend you get quotes from several attorneys before proceeding.

  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    5

    Answered . Thanks for your question.
    You would need the permission of the natural parents or have a cout action to prove they were unfit.
    If the parents are deceased-then you would need to hire attorney to proceed with your appointment as guardian.
    The court would most likely favor you since granddaughter is currently lives with you.
    I would interview three guardianship attorneys to determine fees and time frame
    Joe Pippen
    joe@attypip.com

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