Legal Question in Family Law in Michigan

How do I go about seeking legal guardiianship of my grandchildren whos parents have been in a domestic violent situation for the last 7 years- not married to one another - the father of the kids has kicked my daughter and the children out of the house several times; has brought other women into the home; has moved in with other women; drinking drugs and physically abusing my daughter inf ront of the children. Has moved out of the home - and let the house go into foreclosure - so my daughter is living with friends (homeless) while I take care of the children - since last Sept. on and off. My daughter takes them one day a week - and they sleep on the floor of where she is staying. The father lacks interest in their well being. I have asked my daughter to consider guardianship until she gets back on her feet - however she is very resistant - her lifestyle is changing - running with a bar crowd - strippers etc. I fear for my grandchildren - their environment and influences. My granddaughter has exhibited questionable behavior.


Asked on 7/23/09, 2:03 am

1 Answer from Attorneys
Lynn Dorio Lynn D�Orio, JD, PLC

You have two options. First you can file a petition in the probate court in the county where you live and ask to be appointed guardian. This option would be best for all concerned because it is private, meaning no governemnt agency is involved. The second option is to report your daughter and her ex- to Child Protective Servies. This will involve the Departmentof Human Services investigating the case and making decisions about where and with whom the children should live. If the juvenile court takes the case, your daughter will have to straighten up because she could lose her parental rights to her children. The risks are high when the DHS is involved. Tell her a petition in the probate court for guardianship would be best. (Most probate courts provide appointed counsel if you cannot afford a lawyer.)

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Answered on 7/30/09, 3:07 pm


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