My ex and I do not get along. I was convicted of domestic assault in 1998 from an incident between us. I paid support faithfully and now call my daughter often. My daughter is wheelchair bound and has very little verbal communication abilities but can acknowledge what things and say a few things. There are no restraining orders or outstanding legal issues with me and my ex wife. My child is 24 years old and my ex wife has a guardianship hearing soon. My ex wife and I have had to interact when I call my child or drive the 200 miles from Illinois to Michigan to see her 3x a yr. she is threatening to ban me from seeing or speaking to my daughter . Can she do anything as guardian to do this? Can I get joint guardianship?
Hi, The answers to your questions are: Yes; yes; and perhaps yes. If I understood your posting, your daughter resides in Michigan and a new guardianship case is pending in a county court in Michigan. You need to speedy quick get experienced contested guardianship counsel who regularly practices in the county where the case is pending. Time is of the essence. Be encouraged to use the search function here at Avvo.com to gain access to some of the finest attorneys in the country. If there is no objection made or counter petition pending on the hearing date, it is likely a plenary (permanent) guardianship will be granted. Now is the time to act.
Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.
You have several complex issues which really need to be addressed During a personal consultation with a probate attorney who handles adult guardianships. Technically speaking, there is no such thing as visitation for adult wards but a good lawyer will help you establish sympathy with the court and perhaps get you some time to be able to visit with your daughter. Please speak to one or more probate attorneys in person and hire the one you like the best.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
Because your daughter resides in Michigan, you would be best served by consulting with a lawyer in Michigan who has experience in guardianships and related matters. State law varies.
No attorney-client relationship is created by this communication.
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