Petition for Guardianship? Help

[seniorjudge]

...Obviously, your friend was also living at her parents house for a while. When did the children begin living there WITHOUT their mother also living there?....

Answer the question.

 

[kahless720]

The daughter was born in oct 04. The mother was living with her parents from march 05 through june 05.

 

[kahless720]

also... if the mother has a restraining order against my friend, can she legally be the represenative payee?

 

[LdiJ]

also... if the mother has a restraining order against my friend, can she legally be the represenative payee?

Look, you really aren't clearly answering the questions you are being asked. If you want good advice....pay careful attention to what you are being asked, and answer those questions.

If the grandparents have court ordered guardianship/custody, then they can easily get themselves changed to the rep payee for the child's benefits.

I will rephrase my question.

Give us a timeline. Tell us where the child has lived (each location) since the date the child was born, and where was the mom living during that same time.

I am trying to figure out here if the grandparents have basically had the child in their care since birth, and mom has been in and out of the child's life, or whether mom has had the child in HER care most of the child's life...with the grandparents only recently having the child in their sole care. It makes a serious difference.

In any case that doesn't change my advice. Unless mom wants to totally lose custody of her child she better show up in court on Jan 6th.

 

[kahless720]

Look, you really aren't clearly answering the questions you are being asked. If you want good advice....pay careful attention to what you are being asked, and answer those questions.

If the grandparents have court ordered guardianship/custody, then they can easily get themselves changed to the rep payee for the child's benefits.

I will rephrase my question.

Give us a timeline. Tell us where the child has lived (each location) since the date the child was born, and where was the mom living during that same time.

I am trying to figure out here if the grandparents have basically had the child in their care since birth, and mom has been in and out of the child's life, or whether mom has had the child in HER care most of the child's life...with the grandparents only recently having the child in their sole care. It makes a serious difference.

In any case that doesn't change my advice. Unless mom wants to totally lose custody of her child she better show up in court on Jan 6th.

I apologize. The child has "LIVED" with the mother since birth, aside from the 3 month period since march. Other then that, the baby has just been periodically staying with the parents, and grandparents occasionally, only coz of domestic problems with the husband.

As of 3 weeks ago, my friend just up and left, out of fear of physical assult. The baby was left with the grandparents. Then the grandparents went off and did the temporary guardianship petition.

as far as the rep payee... i believe i misworded what i meant. the grandmother of the baby, is the rep payee for the mother. the mother gets ssi checks for bi-polar disorder. what im wondering, is if she can get ssa to change the rep payee because the rep payee has a restraining order against her.

 

[LdiJ]

I apologize. The child has "LIVED" with the mother since birth, aside from the 3 month period since march. Other then that, the baby has just been periodically staying with the parents, and grandparents occasionally, only coz of domestic problems with the husband.

As of 3 weeks ago, my friend just up and left, out of fear of physical assult. The baby was left with the grandparents. Then the grandparents went off and did the temporary guardianship petition.

I still don't understand what three month period you are talking about....and who lived where during that period.

However your friend messed up....she should have gotten the police to help her retrieve her child if she was afraid of violence.

Your friend absolutely needs to be present in court on Jan 6.

Your friend really needs an attorney....but she absolutely must show up on Jan 6 even if she doesn't have one.

She also needs to show up for any scheduled hearings regarding restraining orders.

You were smart and used the internet....now your friend needs to be even smarter and show up in court.