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so perplexed · Jul 15, 2009, 06:57 AM

I am wondering, is it possible to keep custody and placement of your grandchild after the death of your child, their parent? After my daughter died, I filed for and was given guardianship of my grandchild. My daughter and grandson resided with me for nearly his entire life. The father had sporadic contact, when someone else was available to care for the child. The court granted the guardianship, and my grandson has lived here with me for nearly a year under this guardianship ruling. Now a family court commissioner thinks the guardianship never should have occurred. What are the probabilities that my grandson could be given to his father?

stevetcg · Jul 15, 2009, 07:16 AM

Its hard to estimate. A lot of it will depend on the level of interest of the father getting custody back.

I would strongly suggest hiring a good family law lawyer.

this8384 · Jul 15, 2009, 07:51 AM

I agree with steve; it depends on if the father is actually willing to fight for the child. He may be willing to allow you to keep the child if he has been uninvolved for this long.

How did the court commissioner learn of your daughter's passing?

I'm very curious to see how this plays out as I also am in WI.

cdad · Jul 15, 2009, 03:40 PM

The possibilities are high that the father could gain custody. Most states that have " grandparents rights " have pretty strict rules as to how it is applied. In your siruation the father would be the only living custodial parent. Being a guardian and being a custodial parent are in 2 different categories. The custodial parent trumps the guardian unless the court strips rights from them.

so perplexed · Jul 16, 2009, 05:09 AM

The family court commissioner learned of this after the guardianship hearings, as there was a family court case between the father and my daughter. An issue arose after a visit, because of things my grandson heard that caused him distress, and my attorney filed papers with the family court. So far the father has said he can live here (last July), then he wants him, then in November he doesn't want to take him away from me, then again he wants him. He is not exercising all his placement, is on the third girlfriend that my grandson talks about them sleeping in the same bed, and the father has the girls do most of the playing, care of him. On his one day placement he doesn't feed him, etc. It's just an unbelievable situation where the father has had so little involvement, and when he's been involved it has not been good.

ScottGem · Jul 16, 2009, 05:53 AM

The commissioner may be right that a guardianship should not have been granted. Generally, in the death of one parent, the other parent becomes the custodial parent.

How old is the child? You do need to document everything and having an attorney will help. Its certainly possible the guardianship will be upheld, but its not anywhere near a slam dunk.

this8384 · Jul 16, 2009, 06:16 AM

I'd get an attorney immediately. For a situation this complex, you need someone who knows the law forward and back.

so perplexed · Jul 16, 2009, 08:11 AM

He is six. I filed for guardianship after the father verbally agreed he could remain here, I wanted things legal. He, between my daughters death and the second hearing for guardianship only checked on his son 1 time. He did however, after the original guardianship hearing, have an ex parte hearing, then came here and had the sheriff drag my grandson screaming and crying from my home. He was returned by order of the same family court commissioner hours later. I have an attorney, but it seems that the courts are varying on their opinions. One judge grants a guardianship, and placement with me, with input from a GAL. Then a family court commissioner says it shouldn't have happened.

Thanks for all your opinions and answers.

this8384 · Jul 16, 2009, 08:16 AM

Originally Posted by so perplexed

He is six. I filed for guardianship after the father verbally agreed he could remain here, I wanted things legal. He, between my daughters death and the second hearing for guardianship only checked on his son 1 time. He did however, after the original guardianship hearing, have an ex parte hearing, then came here and had the sheriff drag my grandson screaming and crying from my home. He was returned by order of the same family court commissioner hours later. I have an attorney, but it seems that the courts are varying on their opinions. One judge grants a guardianship, and placement with me, with input from a GAL. Then a family court commissioner says it shouldn't have happened.

Thanks for all your opinions and answers.

I'm sorry you and your grandson have to go through this. Please keep us updated.

What is your attorney doing for you in terms of potentially adopting the child?