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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.
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.
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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