What do I need to do to obtain guardianship for my grandson. His parents are both going to prison

Asked 7 months ago - Warren, MI

Grandsons parents were arrested last week. Bond is set at 750,000.00 cash. I don't know where to start to obtain custody of my grandson, No other parties are involved or want custody. I am pretty sure my daughter and her boyfriend will be going to prison for awhile leaving their son with me.

Attorney answers (3)

  1. Kristin A. Stone

    Pro

    Contributor Level 7

    4

    Lawyers agree

    Answered . I am sorry to hear about this difficult situation. There are many things that an attorney would want to know in order to help direct you to the proper course of action. Is your grandson with you now? Is child protective services involved? If the parents do not make appropriate arrangements such as guardianship/power of attorney, child protective services will get involved and that will make everyone's life difficult. Do you think the parents will agree to a power of attorney and/or guardianship? Is dad the legal father (i.e. signed an affidavit of parentage) Are the parents in Macomb jail? An attorney would be able to visit them in jail. It is best that something is done quickly because at this time there is no available adult that has the legal authority to act on your grandson's behalf (and that is when a court will step in). You have an advantage as a grandparent and the only person interested in the care and custody of the child.

  2. John L. Gormley

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . I would immediately seek a durable power of attorney (DPOA) over your grandson, with a provision in the DPOA that you are the named guardian, if one is ever required. If your desire is then custody, regardless of when they get out, petition for guardianship and sit the DPOA naming you the guardian, plus their incarceration.

    Legal disclaimer: This answer is not intended to create an attorney-client relationship. It is meant to give the... more
  3. John F. Brennan

    Contributor Level 19

    2

    Lawyers agree

    Answered . You seek their agreement and petition the court. You will need an attorney to do it right, and quickly. In the mean time you should have a power of attorney drafted to allow you to meet the immediate or emergency needs of the child.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an... more

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