My grandson mom has given him up again this is an on going thing with her he is in our care until further notice and she wrote a note saying we are responsible for his care, medical,and emergancies until further notice and she signed it not sure if we should get custody or graudenship or what hope someone can answer our questions
You should apply to the Probate Court for Guardianship (actual taking care of your grandson) and conservator (control finances). At the least, this will give you clarity in your position and provide direction for others (schools, hospitals, etc.) for your role. Talk to a Probate Attorney.
If you check with your local probate court, it probably has an adoption office. The court is frequently willing to provide suggestions in situations such as yours. In addition, I am sure there are lawyers in your area to handle guardianships, termination of parental rights and so forth. I suggest that you consider interviewing a couple of these lawyers and then hiring one to help you with this task.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
Apply to your local probate court for a limited guardianship. This type of guardianship requires parental consent which it appears would be easy for you to obtain.
You have custody of your grandson. The question is whether or not it is necessary out desirable to make that more permanent, through the court. The"note"your daughter gave you*may* be considered to be a parental delegation of authority. Under Michigan law, this would allow you to care for and make legal decisions for your grandson, for up to six months. That authority can be extended for additional six month periods, as needed.
The nice thing is that arrangement does not require court involvement. The possible negatives are that it is more temporary than going to court. There may also be some places that refuse to acknowledge your authority. That is one of the reasons out is best to have the delegation dream up through an attorney.
If you need to get guardianship, then the court is the only way to go.
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If this is an on-going situation you should consider a full guardianship through the probate court. Talk to a local probate attorney about the advantages and disadvantages.
Please note that answering this question does not make me your attorney. If you want to hire me and you live in Michigan, call me and let's talk.
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