Just because I’m on disibility does that mean I can’t get guardianship of my grandson?

My daughter passed away. And I
don’t have money to pay a
lawyer. So I’m just taking my
evidence to the judge that
explains why the man my
grandson lives with is not
suitable place for him.

Asked on March 21, 2018 under Family Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Being on disability does not automatically mean that you cannot get guardianship. I work in landlord-tenant law with public housing tenants, many of whom are on disability--and many of whom have guardianship over grandchildren, nieces, nephews, etc. While your physical and mental condition (i.e. the reason you are on disability) and what you can and cannot do, and the amount and source of your income, are factors that will be considered, they are not automatic disqualifiers. The court will look at the whole picture and decide what is in the child's best interest.


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