Go to the family court in the county where you live and petition for a temporary order. Explain the situation to the judge and the judge will make a final decision based on all the evidence as to what is best for the child.
It seems to me that the mother will have to show she can provide a stable household for a period of time before she can have custody of the child.
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Submitted 770 days ago...
What are the rights of legal guardianship vs custody?
We have had legal guardianship of our grand neice for three years after her mother got into drugs and left her with us. Her daughter has improved dramatically and has become part of our family. Her mother has spent the last three years doing drugs, selling drugs, stealing and prostitution. She has been in jail twice during that time and is now finishing doing time in the third county that has had warrants for her. She gets out of jail soon and will want her back. Her father, whom she has never met has also been in jail through this entire time and I believe will be for a very long time. I have no intention of giving her back until mom shows she has put her life back together. I believe she still has legal custody of her daughter. What are her legal rights? What are mine?
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Answer 1 / 2 - Submitted 770 days ago...
Answer 2 / 2 - Submitted 770 days ago...
You need to file for emergency temporary custody. This will give rights to you, but you said you had legal guardianship, how did you obtain legal quardianship? You don't get that just because she left her there. Regardless of what you have done if you havent filed for emergency custody you need to do this now. From there they will set a permenant custody trial. Also look in the yellow pages, sometimes you can get a free consultation. Each state also provides legal aid which is free if you don't have enough money to afford a lawyer.
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