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Before I begin, lawyers are involved. I've gotten advice from a coworker and I'm basically looking to see if they are even remotely correct before I bring it up. Everyone is overwhelmed and under a lot of stress, so I don't want to bring up incorrect facts.
State: Michigan
Situation: A family member is recently deceased leaving behind a 2 month old baby. Father is unknown. Our family is at the beginning of a guardianship battle with the deceased's maternal family. A member of our family was granted temporary guardianship and is now fighting for permanent guardianship. The family member would like to legally adopt the baby.
My question: I was told by a co-worker, who had a similar situation in their family, that there should have been a state-appointed attorney there on behalf of the baby. Someone to represent baby's best interest. She specifically said someone other than the CPS caseworker. Is this correct? We have already been through one court date and no such person was present. However, this was before we obtained an attorney. I would assume our attorney will make sure the correct people are present, but this has already proven more difficult than we originally thought, so I don't want to assume anything.
I'd appreciate any opinions. (And I do recognize any opinions I get are just that- opinions, and not legal advice.) Thanks!
Somebody should have been there to represent the best interests of the child. Somebody who was appointed by the court it could have been a guardian ad litem, advocate, family law attorney, social worker.
Thanks. The exact terminology has helped when searching Michigan's probate code.
I guess I should have mentioned that I am not the petitioner, so the lawyer isn't mine. I didn't want to cause false hope or chase false leads down. We don't have a lot of time to work with. The upside is that the attorneys are feeling more confident since the initial meeting the other day.
The other petitioner is looking for a paycheck and the baby will live a very unstable life with them. This person has mental health problems, has never held a job, moves frequently, etc... We are just trying to make sure the baby has a chance at a good life.
Locally, there would be a children's advocate. Not necessarily a lawyer, perhaps a social worker. I think maybe that advocate is provided by the foster care system.
Your lawyer should know who to contact. If he doesn't, I'd be feeling a little nervous about whether or not I had hired the correct lawyer.
Whatever agency provides children's services in your area, ask them. Who gave the guardianship to your family? Isn't there a case worker involved somewhere in that process? Contact them and ask them.
Locally, there would be a children's advocate. Not necessarily a lawyer, perhaps a social worker. I think maybe that advocate is provided by the foster care system.
Your lawyer should know who to contact. If he doesn't, I'd be feeling a little nervous about whether or not I had hired the correct lawyer.
Whatever agency provides children's services in your area, ask them. Who gave the guardianship to your family? Isn't there a case worker involved somewhere in that process? Contact them and ask them.
CPS placed the baby with my family member the day the baby's mother died. Legal temporary custody was officially granted a few days later, as the deceased's maternal side signed off. We are now battling for permanent guardianship, and my family member hopes to legally adopt.
I'm not sure where a ball was dropped, but I feel one was. The baby and his mother lived in a highly populated county. My family member lives in a very rural one. The CPS case was transferred to the county my family member lives in. CPS told her that this is a very easy case, there is no way the baby will go to the grandmother, and not to bother with a lawyer. When we showed up to court, we found out the CPS caseworker was on vacation. No one was there in her stead. The grandmother obtained a lawyer the day before and it was just a mess. We received an adjournment and lawyers were hired that day. The were pretty pessimistic at first, but after reviewing everything, they have changed their opinions. Back in high school, my sister used to babysit for a probate lawyer, who has since been appointed to a judgeship. We asked her for a recommendation, so we are confident with the lawyers. Time is more of the issue.
We were only given a week long adjournment, and with today being a holiday, the family has done as much leg work as possible- gathering court records, police reports, etc...
I didn't want people to start chasing false leads and I wasn't having luck with Google. I didn't have the correct terminology.
Before I begin, lawyers are involved. I've gotten advice from a coworker and I'm basically looking to see if they are even remotely correct before I bring it up. Everyone is overwhelmed and under a lot of stress, so I don't want to bring up incorrect facts.
State: Michigan
Situation: A family member is recently deceased leaving behind a 2 month old baby. Father is unknown. Our family is at the beginning of a guardianship battle with the deceased's maternal family. A member of our family was granted temporary guardianship and is now fighting for permanent guardianship. The family member would like to legally adopt the baby.
My question: I was told by a co-worker, who had a similar situation in their family, that there should have been a state-appointed attorney there on behalf of the baby. Someone to represent baby's best interest. She specifically said someone other than the CPS caseworker. Is this correct? We have already been through one court date and no such person was present. However, this was before we obtained an attorney. I would assume our attorney will make sure the correct people are present, but this has already proven more difficult than we originally thought, so I don't want to assume anything.
I'd appreciate any opinions. (And I do recognize any opinions I get are just that- opinions, and not legal advice.) Thanks!
Your post should have stopped at "lawyers are involved."
The only suggestion anyone can give you is: seek quality legal help from a well qualified attorney in your state.
Sounds like a lot of balls were dropped. Guardian ad litem should have been appointed. If the Caseworker was on vacation, it should the hearing should have been postponed, or someone else in the office should have been updated on the case to appear in court.
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