Legal Question in Family Law in Missouri

How do I get gradenship of my grandson that I have been raising sense he has been 4 yr old. He is 8 now and still lives with me???


Asked on 4/23/15, 10:25 am

1 Answer from Attorneys

Anthony Smith LawSmith

Your posting his a but confusing. You say you've cared for your Grandson, then say "she" lives with me. If you meant "he" you (and your attorney) will need to complete the Guardianship application with the Probate court in your county circuit court. Depending upon which County it is, you may have to also seek to become Conservator. Guardian is for the person, Conservator is for their funds and finances.

In either case, you will need to show abandonment, incapacity or consent on the part of both of his parents. The Court may appoint Guardian ad Litem to represent the child's interest. You may be responsible for their legal fees.

If by "she" you meant that your Grandson's mothe also lives with you, the process may be more complicated. You could be in the difficult position of proving that the child has been abused or neglected while living in your house, and that you weren't the source or cause of either. Unless there have been multiple police reports, or the mother has already been deemed incapacitated or incompetent by a probate Court, it may be in impossible to prove speculation that the child would be in danger if allowed to move out with Hus Mom. You would be saying that my house is an appropriate place for thus child, and his mother has been unfit by allowing him to stay here for the last four years.

There isn't enough space here for you to provide enough relevant facts. That is why I have only been able to give you general information. You need advice specific to the particular facts of your situation. Therefore, you need to consult directly with a probate or family law attorney in your area. After getting more information, they can explain your options.

Good luck

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Answered on 4/24/15, 9:32 am


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