Carol Burnett appointed as temporary guardian of grandson amid daughter’s substance abuse issues
Carol Burnett has been granted temporary guardianship of her grandson.
According to court documents filed in Los Angeles Superior Court and obtained by PEOPLE, Burnett and her husband, Brian Miller, have been appointed temporary guardians of 14-year-old Dylan through Jan. 8, 2021.
"The Court finds that sufficient evidence has been provided to grant the matter on calendar this date based upon the reading of the moving papers and consideration of all presented evidence," state the documents, dated Sept. 1.
"The Petition - Appoint a Temporary Guardian (Subsequent) filed on 8/18/2020 by Petitioner(s) Carol Burnett, Brian Miller is granted. Carol Burnett & Brian Miller is/are appointed as Temporary Guardian(s) of the Person of Dylan Hamilton-West until 01/08/2021 and Temporary Letters shall be valid until that date," read the documents.
"Temporary guardians have the authority to change Dylan's school and housing pending the next hearing date," the documents read.
A rep for Burnett had no comment.
The court's approval comes two weeks after the Carol Burnett Show star, 87, and Miller asked to be appointed as Dylan's temporary guardians amid her daughter Erin Hamilton's substance abuse issues.
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"Due to addiction issues and other circumstances that my daughter, Erin, has been struggling with impacting her immediate family dynamic, my husband and I have petitioned the court to be appointed legal guardian of my 14-year-old grandson," Burnett said in a previous statement to PEOPLE.
"Guardianship will be for oversight purposes concerning his health, education and welfare and not intended to deny him nor the parents proper visitation with one another. We look forward to recovery being the next stepping stone towards normalization and ask for privacy at this time to allow that process to occur," Burnett said.
The iconic actress and comedian sought to provide Dylan with temporary care, maintenance and support, as well as handle her grandson's affairs, according to the documents obtained by PEOPLE.
"Throughout her adult life, and since Dylan's birth, Erin has suffered from severe substance abuse and addiction issues," stated the court filing. "In the past 19 years, Erin has been in and out of rehabilitation centers and has been institutionalized a total of eight times for a minimum of 30 days each time."
The filing also stated that Burnett's daughter threatened suicide in July. The LAPD was called to complete a wellness check on Hamilton, who was placed on a 51/50 hold for "suicidality and drug use," according to the court documents.
Dylan's father, Hamilton's ex-husband Tony West, is also unable to care for the child as he recently checked himself into a rehabilitation center, according to the documents. As stated in the filing, Burnett and her husband believe that West plans to relocate to Nevada after he checks out and recognizes that he is unable to provide financial support for Dylan.
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"Dylan's living environment has long been unstable, unpredictable and unhealthy for a child," the filing stated. "This culminated in a Department of Children and Family Services (DCFS) investigation and juvenile dependency proceedings in 2018 and 2019." (According to the filing, Burnett was appointed her grandson's educational rights holder in September 2018.)
"Carol is Dylan's maternal grandmother and Brian is Carol's husband of nearly twenty years," the filing stated. "Although Brian is not Dylan's biological grandfather, he has known Dylan for Dylan's entire life and loves him like his grandson."
"Proposed Co-Guardians have always had a close relationship with Dylan and they have financially supported him for the entirety of his life," the filing continued. "This financial support includes providing for his medical insurance, dental insurance, educational needs, as well as his basic living and housing expenses. At this time, Proposed Co-Guardians are his sole source of financial support, and his primary source of emotional support. ... Proposed Co-Guardians' appointment is in Dylan's best interests and consistent with the love and care they are already providing to him. This will further Dylan's interests in a stable, secure, and loving environment and ensure that his needs are met on a consistent basis."
Hamilton is the youngest of Burnett's three children, all of them daughters, with her second husband, late TV producer Joe Hamilton. Her eldest daughter, Carrie, died 18 years ago from pneumonia, a complication from lung cancer that spread to her brain.
If you or someone you know is struggling with addiction, please contact the SAMHSA substance abuse helpline at 1-800-662-HELP.
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