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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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I have temporary guardianship of my two minor grandson, 13

Customer Question

I have temporary guardianship of my two minor grandson, 13 and 15. They have been with me for about 15 days. The dad has decided he wants the boys back. Am I obligated legally to return the boys? Do they have any rights if they do not want to live with him?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your difficult situation.

How did you obtain the temporary custody?

When does it expire?

Please provide me with more details about this situation.

Thanks.
Customer: replied 1 year ago.

The dad ask me to take temporary custody of the boys and we went together to get the paperwork notarized on April 3, 2013. It says the custodial parent may terminate this appointment any time within this six-month term. The dad has been evicted from his last two living quarters. He is unemployed and has no car. He has a roommate who has just gotten out of jail for drug abuse. Often the boys were without hot water or food when they lived with their dad. Their school grades suffered and they were both failing. I called CPS, but the situation did not warrant their help. The mother did not sign the temporary custody. She is also homeless, jobless, and can not come near me or my home because of a domestic violence incident in Oct., 2012. Is there any chance that I could file for legal guardianship? I have been to the welfare department to apply for a kinship guardianship but I was told I had to have legal guardianship first. Is there anything I can do legally as a grandparent to help or protect the boys?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXXsy,

Have you filed an Emergency Petition to Establish Temporary Guardianship for your grandsons, based on the grounds that the children would not have any type of adequate living conditions with the father?
Customer: replied 1 year ago.

I have not filed an Emergency Petition to Establish Temporary Guardianship. Is that form online?

Expert:  Alex J. Esq. replied 1 year ago.

Dear XXXXXsy,

Thank you for your follow up.
It is always better to have petition for Emergency Petition to Establish Temporary Legal Guardianship drafted for you by a local experienced child custody attorney in such petition your local attorney would have to allege or the legal grounds and the emergency nature of the situation as to why you are seeking such emergency temporary legal guardianship for your grandchildren.

 

If you are unable to hire local attorney, you can find a form for the Nevada Emergency Temporary Custody Petition available at the link below:

 

http://www.formsworkflow.com/d55480.aspx?partnercode=Justia

While the courts and the law generally greatly favor biological legal parents when it comes to child custody, if you and your attorney will be able to demonstrate to the court that the parents lack any type of adequate living conditions and otherwise unfit to care for your grandchildren, there would be a good chance that the court will at least temporary award legal guardianship of your grand kids to you.

The court might also allow for your granchildren to testify in the child custody / guardnianship proceedings, however the minor children do not get to decide where and with whom they get to reside and while the court might give some weight to the minor children wishes, the court will always decide based on what is in the best interest of the minor kids.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.
Do you have any related follow up questions for me?

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Alex J. Esq.
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