QUESTION

Could a grandmother get guardianship of her grandchild?

Asked on Jun 16th, 2011 on Child Custody - Western Australia
More details to this question:
Could a grandmother get guardianship of her grandchild if she is an illegal immigrant in the united states?
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8 ANSWERS
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Answered on Jun 20th, 2011 at 10:33 AM
Generally, a grandmother can become the guardian of a grandchild if there is a legitimate reason or if the parents consent. A specific answer requires a full understanding of all the facts and reasons for the guardianship so you need to contact an attorney famliar with the law in your state. There is no specific requirement that a guardian be a legal immigrant, but you need to recognize the reality that it may not be wise to appoint someone as a guardian if that person is likely to be deported. Any adult appointed as a guardian should be someone who can provide a reasonable guarantee of stability for the child so a judge might not believe the grandmother is a suitable person.

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Answered on Jun 20th, 2011 at 10:10 AM
Probably not. The court is likely to be quite reluctant to give any sort of guardianship to a person who is in the US illegally.

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Answered on Jun 20th, 2011 at 10:07 AM
The court usually prefers a relative if qualified and competent.

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Answered on Jun 17th, 2011 at 1:43 PM
Probably not. But please discuss this with a local domestic relations attorney as soon as you can.

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Answered on Jun 17th, 2011 at 1:37 PM
It depends of State law, but generally yes, and immigration status, while it might come up, is not determinative. In Nevada, "third parties" such as grandparents, can seek visitation, custody, guardianship, or even full adoption.

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Answered on Jun 17th, 2011 at 1:35 PM
Maybe (although generally no) depending on details we do not have.

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Answered on Jun 17th, 2011 at 11:01 AM
While it would be possible for a grandmother to gain custody of her grandchild by filing a petition in the probate court, if the grandmother is illegal it could lead to authorities finding out she was illegal and that could lead to her deportation.

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Answered on Jun 17th, 2011 at 10:01 AM
Either the parents can grant you guardianship or you can seek it in court. I believe what you are actually asking however is whether you can have custody.You can get custody only if you prove both parents are unfit and it is in the best interest of the child.

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