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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37046
Experience:  I provide family and divorce law advice to my clients in my firm.
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My family has adopted one full sibling. The TPR was just done

Customer Question

My family has adopted one full sibling. The TPR was just done last week on a second child. During this time another child has been born. Finally a distant family member stepped up and wanted the 3rd child. We filed to intervene in the case - were awared the intervention and given visitation rights. The cousin who has this child was appointed the guardian. DSS was aware that we were involved with the two previous children. I was the one who reported to DSS that the birth mother was in jail on 6 counts of felony drug charges. DSS was involved in our second child, but purposly delayed our home study request so when court arrived the "distant family" member would have theirs in before us. Does my daughter and son have any rights to contest the guardianship - they are minors and I'm the adoptive mother and soon to be the adopted mother of the second child. We despartely want ot keep these children together. Without a court order this distant relative would never ever let us see/
Submitted: 12 months ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 12 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, minors typically cannot contest guardianship since they themselves are not yet 'fit' to care for the child. You as their parent can contest, or you can retain services of a "Guardian Ad Litem" for the child who could petition the court on behalf of the child and if he agrees with your position, state that keeping all these children together would be in the best interest of this child. The GAL can be court appointed or you can retain an attorney to act on the child's behalf yourself. But this isn't quite a situation where the son and daughter can contest as they are currently incapable of caring for the child, and they are underage for being deemed adults themselves.

Good luck.

Customer: replied 12 months ago.

How do you go about filing an appeal. Is there a time limit to once the order has been given. The guardian that has the child right now is very unreasonable - I have to fight with her all the time to allow the children to see their brother. We have a court order and the last visit we had to get the Judge involved to see him.

Expert:  Dimitry K., Esq. replied 12 months ago.
Thank you for your follow-up.

If I may ask, an appeal for what exactly? Who were the parties in front of the court? How long ago was this decision put in place?
Customer: replied 12 months ago.
We were intervenors in the case. The order was issued on 11/27/12. However, the written order was not signed until 6/27/13. We were granted visitation but the guardian is very difficult to deal with. We want to file a motion for review and ask that we be appointed guardianship, as it would be in the best interest of Caneron, the baby to be with his brother and sister (full biological siblings).
Expert:  Dimitry K., Esq. replied 12 months ago.

Thank you for your follow-up.

You can absolutely choose to file your own petition for guardianship on behalf of the child. That, however, would not be an appeal since you are not appealing any decision, you are simply seeking your own rights by stating that you are more fit, and that guardianship with you would be in the best interest of this child. Typically any decision by the judge has a 30 day window where an appeal can be made, but then only a party to the decision must appeal. I am not seeing you as a party to the case when the other party filed for guardianship, unless I am misreading your facts. You would then have no 'standing' to appeal, but you could file for guardianship on your own instead.

Good luck.

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