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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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I am picking up my grand children in Idaho. The mother wants

Resolved Question:

I am picking up my grand children in Idaho. The mother wants me to sign a paper saying I will return them. I also am going to apply for gaurdianship for them when i have them in california. Will this hurt my case if i sign the paper. The mother is a drug addict and has at least trhree arrests in the last year.
Submitted: 4 years ago.
Category: Family Law
Expert:  Joseph replied 4 years ago.

The paper she wants you to sign is simply an acknowledgment of an intent to return them to her custody.

 

A guardianship is based on some reasonable concern that the biological parent is unable to properly parent the children.

 

A stated intent to return the children in now way effects your concern about the children's well-being. If you need to sign the document in order to be permitted to take the children, it would seem prudent to do so. It would seem highly unlikely that some court would require you to return the children simply because you stated you would when taken in the context of being in fear for their well-being.

 

And yes, retaining an attorney would certainly be a prudent course of action. As I'm sure you know, the rights of the parent trump the rights of the grandparent. As such, you may have a difficult road ahead.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just start your question with "FOR JOSEPH" and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Okay, i should have stated that the father of the children is going to give me his parental rights. do i have a better chance.
Expert:  Joseph replied 4 years ago.
As in an actual termination of his parental rights? Or just guardianship?
Customer: replied 4 years ago.
Well it depends on which would help me the most. he is bipolor and he takes masses of meds. he wants the children to be well taken care of so we were going to ask the attorney which one would be best for our case.
Expert:  Joseph replied 4 years ago.

A termination of parental rights (TPR) would be more effective. As the name suggests, the TPR would completely end all of his rights and obligations as a father. He would have no rights to custody or visitation and no obligation to pay support, he would be a legal stranger to the child.

 

If he did a TPR, you would want to accomplish a TPR as to the mother as well. Once both TPR's are accomplished, you could adopt.

 

As you can see, the TPR is a much more comprehensive avenue to pursue. It would take more time, money and effort. However, it obtains an excellent result, the children would be fully your responsibility.

 

A guardianship is much easier to obtain but has more limitations, primarily that it could be rescinded at any time and the children placed back with the mother, whom you indicate is NOT a good parent.

 

If you want the better result, pursue the TPR. If you want easier and quicker, pursue the guardianship.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just start your question with "FOR JOSEPH" and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 4 other Family Law Specialists are ready to help you

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