Guardianship of Minor

[asegall]

I am in CA
I have temporary guardianship over my cousin's 2 year old daughter. He lives in West Viriginia, I live in California. I flew to WV and got her along with a notarized temporary guardianship form from him 3 weeks ago. Prior to this trip - the only contact I have had with him has been long-distance over the phone and internet. Since I have brought her back with me, I have discovered he has other children as well, with other people around the country and the environment I brought her from was filfthy and she suffered from neglect. He is now marrying a prostitute who has had her children taken from her by the state of WV and he wants to get his daughter back in August. What do I need to do to make the temporary status of my guardianship permanent so that she is not taken back into that environment? He is also continuing to receive her welfare payments even though she is no longer in the state.

 

[ecmst12]

You are going to have a LONG uphill battle for this, you need a lawyer in the parent's state.

 

[asegall]

ok thank you. If he is already being investigated by CPS in WV - will that make the process any easier?

 

[ecmst12]

Depends on what the outcome of the investigation is.

 

[asegall]

ok thank you.

 

[Ohiogal]

ok thank you. If he is already being investigated by CPS in WV - will that make the process any easier?

You have not mentioned the CHILD's MOTHER. Where is she? And does she know where HER child is?

 

[asegall]

The child's mother signed away her parental rights at birth - as she has done with all 4 of her children and plans to do with the one she is pregnant with.

The mother and father were both married to other people at the time of her birth and have a 4 month old baby together - but are not married to each other. The father is not trying to keep any of his children either. He does not want to be married to the mother and is saying he is going to marry a on/off girlfriend in May who is a prostitue. The mother suffers from permanent brain damage due to a car wreck she was in but continues to have children and sign away her rights.

 

[Zigner]

The mother will need to be contacted about this. Absent an adoption, the mother still has rights.

 

[Ohiogal]

The child's mother signed away her parental rights at birth - as she has done with all 4 of her children and plans to do with the one she is pregnant with.

The mother and father were both married to other people at the time of her birth and have a 4 month old baby together - but are not married to each other. The father is not trying to keep any of his children either. He does not want to be married to the mother and is saying he is going to marry a on/off girlfriend in May who is a prostitue. The mother suffers from permanent brain damage due to a car wreck she was in but continues to have children and sign away her rights.

The only way that could have happened was if father's wife adopted. Was paternity EVER established for your nephew AND disestablished for mother's husband? You need an attorney.

 

[Ohiogal]

The mother will need to be contacted about this. Absent an adoption, the mother still has rights.

When did OP's nephew ESTABLISH paternity and mother's HUSBAND disestablish? That is something else that is an issue.

 

[asegall]

Yes, paternity has been established. The current wife of nephew never wanted anything to do with the children - and has not been in the home since the 2 year old was born. The mother signed away her rights at the hospital at birth. The 2 year old has lived with her birth father and his 4 male roomates since she came home from the hospital.

 

[Zigner]

One last time - the MOTHER of the child will need to be contacted.

Good day and good luck.

 

[asegall]

ok, thank you. I really want to know what I am up against so that I can do the best for this child. I realize there are all kinds of laws that I need to be informed about. I also realize that this is going to be a difficult process. All I want is information to help me do the right thing.

 

[Just Blue]

ok, thank you. I really want to know what I am up against so that I can do the best for this child. I realize there are all kinds of laws that I need to be informed about. I also realize that this is going to be a difficult process. All I want is information to help me do the right thing.

We realize that. That is why you are being told to get a GOOD adoption attorney to assist you.

Really..Best of luck and please update us to this case.

Blue