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Poor Grandma

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dege532

Junior Member
What is the name of your state (only U.S. law)? Kentucky

I originally posted this under criminal law but got no responses, maybe someone can help here.

My 16yr old nephew was arrested well over a year ago (15 at the time of the offense) for drug charges and assault with a weapon. He served some time initially at a juvenile detention center where a phone call between his father and him was taped in which comments concerning allegedly bribing a witness were recorded. We were told that he is being tried as an adult. The assault with a weapon involved striking an individual with the butt of a rifle, perhaps in self defense. He has not had a trial, only pretrial hearings where the county attorney, his defense attorney and mother meet privately then appear before the judge. At one of these hearings it was decided that it was in my nephew's best interest to live with his grandmother (he was living with his father), because the father had pending charges regarding the bribery. My nephew has been living with his grandmother since July 2010 under house arrest. She has no official guardianship, no legal standing, and no financial help from the parents. She lives solely on social security and draws food stamps. The mother provides health insurance for my nephew. What are her options for requiring the parents to provide financial assistance and for being more involved with the legal defense of the juvenile who is living with her. The parents give her very little information and may be impeding the nephew's defense so as not to implicate theirselves in the matter
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Kentucky

I originally posted this under criminal law but got no responses, maybe someone can help here.

My 16yr old nephew was arrested well over a year ago (15 at the time of the offense) for drug charges and assault with a weapon. He served some time initially at a juvenile detention center where a phone call between his father and him was taped in which comments concerning allegedly bribing a witness were recorded. We were told that he is being tried as an adult. The assault with a weapon involved striking an individual with the butt of a rifle, perhaps in self defense. He has not had a trial, only pretrial hearings where the county attorney, his defense attorney and mother meet privately then appear before the judge. At one of these hearings it was decided that it was in my nephew's best interest to live with his grandmother (he was living with his father), because the father had pending charges regarding the bribery. My nephew has been living with his grandmother since July 2010 under house arrest. She has no official guardianship, no legal standing, and no financial help from the parents. She lives solely on social security and draws food stamps. The mother provides health insurance for my nephew. What are her options for requiring the parents to provide financial assistance and for being more involved with the legal defense of the juvenile who is living with her. The parents give her very little information and may be impeding the nephew's defense so as not to implicate theirselves in the matter
She can file for guardianship and child support.
 

dege532

Junior Member
My nephew will be unwilling for his grandmother to become his legal guardian due to influence from his father. From what I've read its more problematic to obtain guardianship if a child over 14 is unwilling. Being that the criminal court approved of his current living arrangement and advocated for him not living with the father, would this be seen as dad being an unfit parent? It would be difficult to prove the parents unfit legally. Dad always manages to wriggle free of his legal problems. Lack of supervision and apathy are the main problems with the parents. If parents contest her guardianship, how likely would it be that she would be granted it?

I'm assuming that guardianship would have to be granted first prior to filing a motion for child support.
 

LdiJ

Senior Member
My nephew will be unwilling for his grandmother to become his legal guardian due to influence from his father. From what I've read its more problematic to obtain guardianship if a child over 14 is unwilling. Being that the criminal court approved of his current living arrangement and advocated for him not living with the father, would this be seen as dad being an unfit parent? It would be difficult to prove the parents unfit legally. Dad always manages to wriggle free of his legal problems. Lack of supervision and apathy are the main problems with the parents. If parents contest her guardianship, how likely would it be that she would be granted it?

I'm assuming that guardianship would have to be granted first prior to filing a motion for child support.
Not necessarily, since the courts placed the child with grandma.
 

BL

Senior Member
I would be up to a court to decide guardianship and since the court placed the child with the grand ,even more to support at least temp. guardianship.

CS should be granted also.
 

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