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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11557
Experience:  Licensed Texas General Practice Attorney
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i am a legal castodian of 2 minors aged 14 and 10 years whose

Customer Question

i am a legal castodian of 2 minors aged 14 and 10 years whose parents the mom was murdered by husband and now the husband is in jail.... he has given me legal custody of his kids and now the grandparents want o take the kids away abroad as they are not USA citizens , What does the law say about usa citizens minors? Can the grand parents take custody of the minors when they are not usa citizens?
Submitted: 2 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 2 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

What is your relationship to the children?

ScottyMacEsq :

And how long have you been the custodian?

Customer:

uncle

Customer:

2 months

ScottyMacEsq :

How did he give you legal custody of the children? Do you have a court order that has done so? And what country are the grandparents from?

Customer:

Yes he signed a court order and the parents are from kenya

ScottyMacEsq :

Thank you. One moment please while I research this, and will get back to you shortly...

Customer:

take you time

Customer:

can i also get the answers in the email?

ScottyMacEsq :

I believe the system sends it to your email, but I am not certain. I do not personally have any access to your address, so I cannot do it myself...

ScottyMacEsq :

Have you always been in the children's lives? Have they always lived in the same area as you (in Georgia, I assume)?

Customer:

i can give it to you just incase it doesnt come in

Customer:

Yes sure

ScottyMacEsq :

I cannot actually email you because that would be a breach of the JustAnswer terms of service (experts are not allowed to contact clients off site)

ScottyMacEsq :

...even if I had the address.

Customer:

ok

ScottyMacEsq :

Have the grandparents had continuing contact with the children for their entire lives? And what about the grandparents on the other side (I assume the father's parents...)?

Customer:

No the kids have been in usa ....all other grand parents live in kenya just came after the tragedy

ScottyMacEsq :

Thank you. Legally speaking, there's nothing in state or federal law that would prevent the grandparents from being able to get custody and take the kids out of the country. But a court is going to consider a number of factors when granting custody. These can be found in GA code section 19-9-3:

ScottyMacEsq :

(3) In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to:

(A) The love, affection, bonding, and emotional ties existing between each parent and the child;

(B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;

(C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;

(D) Each parent's knowledge and familiarity of the child and the child's needs;

(E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;

(F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;

(G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(H) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child;

(I) The mental and physical health of each parent;

(J) Each parent's involvement, or lack thereof, in the child's educational, social, and extracurricular activities;

(K) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;

(L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;

(M) Each parent's past performance and relative abilities for future performance of parenting responsibilities;

(N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;

(O) Any recommendation by a court appointed custody evaluator or guardian ad litem;

(P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and

(Q) Any evidence of substance abuse by either parent.

ScottyMacEsq :

Even though it says "parents", the same would apply when the parental rights are terminated either by decree or death, and other similarly situated individuals are asking the court for custody.

ScottyMacEsq :

Essentially the court is going to be making these decisions in the best interests of the child. There is no express preference for a grandparent over an uncle, but there is a preference of a close relative over a more distant relative or person of non-relation.

Customer:

great thanks alot

ScottyMacEsq :

My pleasure. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, XXXXX XXXXX good luck to you!

Customer:

thanks a lot

Customer:

bye and have a good day

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11557
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 2 other Family Law Specialists are ready to help you

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