Contested Guardianship Victory for Grandma
In 2022, Brad Sneed was retained by the grandmother of a minor who desired to have her appointed as his legal guardian. The minor's mother was incarcerated years earlier and the father had abandoned the minor. In about 2017, the sister-in-law of the minor's mother was appointed as guardian. However, over the next few years, the "aunt" of the minor mistreated and abused the minor to the point that he ran away from her house and went to stay with his maternal grandmother.
After being hired, Brad tried to negotiate with the aunt/guardian to consent to the substitution of the grandmother as guardian. Unfortunately, the aunt was unwilling to cooperate because she felt like she would be admitting to the alleged abuse and neglect, so she proceeded to contest the guardianship petition filed by Brad's client, as well as the contemporaneous petition filed by the minor himself through a Guardian Ad Litem to substitute in his grandmother as his guardian.
Brad served the aunt with a large volume of discovery, which the aunt ignored. Brad filed a motion to compel and sought sanctions in the form of attorney fees against the aunt for her refusal to answer the discovery requests. Days before the hearing on the motion to compel, the aunt caved in and consented to allow the minor's grandmother be named as guardian.
Practice area(s): Guardianship
Court: Ada County Magistrate Court