My mom has been taking care of my kids because she doesn't want them in the house with my husband now I was served this petition for guardianship she does not have legal custody and we have never been to court
The Petition is just what it sounds like. Your mother is attempting to get legal guardianship over the children. You leave out a lot of detail which would be helpful though. Is it a request for temporary guardianship? Permanent? For a specific purpose, or just a general guardianship request?
Without seeing the paperwork it is impossible to guess WHY, however possibilities include abuse/neglect/abandonment/legal need among others. Have you provided your mother with a power of attorney so she can take care of emergencies with the kids? Are you co-operating with her in making sure the kids needs are met?
I would strongly suggest you need to take the paperwork to a local probate attorney who handles guardianship and child custody and go over it with him/her and insure you understand what is being asked for. It sounds like there may be some conflict between your mother and you, and it is important to understand what is going on before offering any advice! Seek local counsel.
This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
It is an application for legal custudy of someone's person and/or property. You would not normally sign a petition that is served upon you. If this is a petition for guardianship of your kids, you should immediately contact a local guardianship attorney to explain your options. You should also make sure to find out about and attend the court hearing on the petition.
If my response was helpful, please mark it "helpful" or "best answer." It should not be construed as legal advice nor the formation of a lawyer/client relationship. Good luck!
Attorney Zichi offers sound advice. I will also add that, as a general rule, don't sign ANYTHING that you don't fully understand. What she may be asking you to sign is your consent to her petition. Talk to a lawyer ASAP. Do not miss the hearing. If time is really tight, tell the judge that you need an attorney. Do not ignore this.
INDEPENDENT LEGAL ADVISE IS RECOMMENDED. The forgoing opinion is based upon limited and hypothetical information. The answer provided is not intended as a substitute for legal representation and is not intended to create an attorney/client relationship.
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