Family Law Questions? Ask a Family Lawyer Online.
Hello, how are you today?
So your basic question is, what would happen to the child if something happened to the guardian?
And also, if you would be awarded the child over the biological father?
Which guardianship is presently in place?
I'm fine..thanks and yes, would I be awarded the child over the biological father and what would happen to the child should something happen to the present guardian
I'm assuming it's permanent guardianship.
Some guardianships address that exact question, meaning the document that provides for the guardianship addresses to whom the child would be placed were something to happen to the child. If there is not a current custody order in place other than the guardianship, then you could be awarded the child, but the court would have to issue an order terminating the guardianship and naming you the physical custodian of the child.
If something were to happen, it is possible the child would first be placed with CPS or DHR and placed in a setting until custody is arranged through you.
You would be awarded the child before the father considering the fathers past, and the father's lack of involvement in the childs life to the present time.
Okay. Thank you very much for your answer.
You are welcome, does that answer your question?
If that answers your quesitons please remember to provide a positive rating prior to exiting the chat by selecting the smiley face so that I can be credited for our time together
Yes it does.
Great, please do not forget to provide the positive rating.
Thanks, XXXXX XXXXX luck!