Legal Question in Family Law in Michigan
Legal gaurianship of nephew
We, my husband and I have full legal gaurdianship of our nephew, who is my husbands sister's son. She has been using drugs and he has been shuffled around until we went to court. The judge awarded us custody,we report once a year. we have had him for 8 months , and now the mom wants him back. She has already lost two children 8yrs ago, and now she has two more that are nolonger with her. he is 6 and has only spent half of his life with her. What are our legal rights and how easy would it for her to get him back.
thank you in advance
2 Answers from Attorneys
Re: Legal gaurianship of nephew
It will be difficult for the mother to get anything beyond visitation with the son because this young boy has been in your family and in what appears to be a comfortable environment. Courts are reluctant to award any kind of custody to a mother who has not only abandoned her responsibilites but has also abused drugs and alcohol. I believe that you will be fine, however if she is suing for custody you are advised to get legal counsel to represent you.
Very Truly Yours,
John Graziani
Re: Legal gaurianship of nephew
You will have to contest her petition. Although she has a presumption in her favor (being the mother), possession is 9/10's of the law. The fact that he has been with you for some time is in your favor. The guardian ad litem who originally investigated your situation may wind up being on your side.
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