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What are my rights as a mother when temporary guardianship has been granted to a grandparent after a very short absence?

Rapid City, MI |

I'm a first time mother and am really terrified. I was in rehab for 28 days and the grandmother had my daughter. She actually took her without my consent a month earlier. The baby was supposed to go for a weekend, but she never brought her back and threatened me with CPS when I told her what she was doing was illegal. The last she could do is let me see my daughter.

I'm out of treatment and am very able to care for my 10 month old daughter. I have clothes, toys, food, and shelter, as well as a way to take her to doctor appointments. She is trying to go for full guardianship and I have a court date before that to contest her temporary guardianship.

Attorney Answers 3


First of all, I highly suggest you seek representation. It is very difficult for people in your position to navigate the court process successfully, and there is so much at stake for you. That said, you will have to be able to show the judge that you can properly care for your child now. It sounds like you don't have that much of a track record yet, which the judge may want to see. The judge may continue the guardianship for a certain number of months, with some sort of transitional agreement in place to give you the opportunity to show that you can handle caring for your child, such as giving you visitation, overnight visits, etc. There are many possible outcomes at this next hearing, though, so it's impossible to give you all the scenarios here. Good luck.

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I agree with Attorney Paquette. There is too much at stake here to leave it to chance. I would strongly encourage you to retain an attorney to assist you. Michigan law is slanted in favor of the parents, but that is no guarantee you will prevail. You should have help in framing your best arguments.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Julie Aletta Paquette

Julie Aletta Paquette


Why, thank you!


If you cannot afford it there are some pro bono services, including Legal Services of Western Michigan that may be able to help. Offices like mine often give free consultation and agree to a simple payment plan to jump into these types of issues as well. You should have an attorney with you.

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