Legal Question in Family Law in Montana
We have filed for Guardianship of my Grandson and in the forms my Daughter signed over her parental rights. The problem is the boys Dad which my Daughter has divorced is in prison but will be released one month prior to the court date. He is serving time for failure to register as he is a sex offender. He has asked the court to provide him with Guardianship paperwork. Is there a chance the courts could give him guardianship of our 5 year old Grandson// Should we be worried about it???
1 Answer from Attorneys
It is difficult to predict the answer to your question without knowing all
the facts. However, I don't have a problem predicting that a person who has
not seen his child in a long time will not have much chance obtaining
residential custody. Understand that "a long time" changes as the child
matures -- I'm sure you know that being grandparents -- but at age five, a
year can be a long time to remember someone. The child will have an even
shakier relationship if the father was not strongly in the child's life
before incarceration, and if the father has not tried to create a
relationship while he was in prison (cards, letters, pictures, etc.)
If you do not have an attorney, you can call the Montana State Bar and as
for the Lawyer Referral Service. If you do not want an attorney
representing you, you can still ask for a family law attorney who would be
willing to confer with you for an hour or so at the lawyer's regular billing
rate. It would be money well spent. If no lawyer is within driving
distance, ask for a telephone conference. [I am booked solid, so I cannot
offer a consult.]
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