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Carol Burnett and her husband have filed court papers asking for legal guardianship of her teenage grandson over what they say is her daughter’s substance abuse issues.
Burnett and her husband, Brian Miller, have filed a motion in Los Angeles County Superior Court seeking legal guardianship of their 13-year-old grandson, Dylan Hamilton-West. The boy is the son of Burnett’s daughter, Erin Hamilton, with her ex-husband, Tony West.
Hamilton, 52, is one of three daughters to Burnett with her ex-husband Joe Hamilton, whom she divorced in 1984.
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“Due to substance abuse issues and other circumstances with which my daughter, Erin, struggled to impact the dynamics of her immediate family, my husband and I applied to the court to be appointed legal guardian of my 14-year-old grandson, ”Burnett said in a statement to TODAY. (In the court record, the boy’s age is 13.)
“The guardianship will be for the purpose of monitoring his health, education and well-being and will not be aimed at denying him or his parents appropriate visits with each other. We look forward to that. recovery is the next stepping stone to normalization and let’s ask for confidentiality at this time to allow this process to happen. “
Burnett, 87, said in court documents obtained by NBC News that her daughter “suffered from serious substance abuse problems” for much of her adulthood and has been in rehabilitation and institutions eight times over the course of her life. over the past 19 years. She and West were married for four months before divorcing in 2006, according to the court record.
The comedy legend also said in the file that his daughter sent several text messages on July 15 to Dylan and his adult son, Zachary Carlson, in which she threatened to take her own life. Dylan told her father, who called the Los Angeles Police Department, who performed a welfare check on Erin and placed her on 51/50 hold for “suicidality and drug use.”
Erin Hamilton was taken to two hospitals for treatment and released on July 24, according to the record.
Burnett and Miller added in their petition that Tony West checked in at a drug rehab center in Los Angeles on August 7 and “is unable to provide financial support for Dylan.”
“Dylan’s living environment has long been unstable, unpredictable and unhealthy for a child,” the couple said in the filing.
The California Department of Child and Family Services also conducted investigations in 2018 and 2019 into Dylan’s living conditions, according to court documents.
In one case, Burnett said she took him on a trip to Arrowhead Lake in the San Bernardino Mountains while his mother was in a drug treatment center. Burnett said he started to cry and begged her not to take him to his father’s house when it was time to get home.
West was subsequently granted physical custody of his son in November 2019 and Hamilton was allowed to see him on supervised visits. The boy was living with West at the start of the pandemic but moved in with a friend’s family to Ojai, Calif., When West enrolled in rehab, the record shows.
“This is not a long term solution, however, and Dylan needs responsible adults in place to make decisions about his housing, education, health and wellness needs,” he said. Burnett said in the documents.
A hearing on the guardianship application is scheduled for January 8, 2021.
The custody request comes after Burnett’s opening to AARP the magazineThe August and September 2020 issue of her late daughter, Carrie Hamilton, who also struggled with substance abuse.
Burnett said Carrie was able to overcome her addiction issues as a teenager, and the two had a strong bond before Carrie died at 38 in 2002 from pneumonia as a complication of lung cancer.
“My daughter Carrie was on drugs. In this situation, don’t be their best friend. When we put her in a third rehab, oh she hated my guts! You have to love them enough to let them hate you. “she said. told the magazine.
“She got sober before her 18th birthday, and we were in our twenties – we were joined at the hip for a while there. Carrie died of cancer at age 38. ‘hospital, she said, “Every day I wake up and decide today I’m going to love my life. And that was his mantra. “