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GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12049
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Case: Involving temporary guardianship from parents to their

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Case: Involving temporary guardianship from parents to their kids. A 23 year old daughter who just had a baby of her own with no permanent shelter her own but only living with friends is seeking guardianship of her three younger siblings from parents. The 23 year old daughter is working as a babysitter making only $800 a month not enough money to support oneself or the younger siblings unless she gets welfare in the state of Maine. The parents lived in Maine and are moving to TN currently unemployed but will get sponsored by three of their older kids ages 31 to 26 making a combined gross income of $85,0000 a year. Currently the older siblings are willing to financially support their parents and younger siblings. What is the best way to deal with this family problem if the parents do not what to give up guardianship?

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Why is the daughter trying to get guardianship of the younger siblings? Is there abuse, drugs, child endangerment going on?

Has the daughter filed anything with the court yet or child protective services?

Customer: replied 3 years ago.

Their is no abuse or drugs going on only the three youngest may not want to move to TN is because of fitting in to another school in the middle of the school year.

Ok, thanks. So why do the parents (I assume biological parents) feel they even have to negotiate with the daughter who wants to take the younger siblings? Also, what is the reason for the move?
Customer: replied 3 years ago.

no income no help no home in Maine also rent price went up

ok, but they are both the biological parents of the 3 younger siblings?
Customer: replied 3 years ago.

Yes they are both the biological parents who only speak Russian not that good in English so the 23 yr old daughter is using that to her atventage stating that the three younger siblings ages 16, 15 and 13 have the right to stay in Maine if they do not want to change schools or move to TN.

Ok, thanks....finally, how soon do they plan to move?

Customer: replied 3 years ago.

This month on the 22nd

Ok, thanks. Sorry for all of the questions but on the onset reading your question I was puzzled as to why the 23 year old daughter taught she had the right to take the younger siblings away from the biological parents. She has no standing and she is in no position to provide for them, so even if she was silly enough to go to court to try to file a petition for guardianship, it is unlikely she would succeed. The parents are moving to provide a better life for the children and no one has a right to the children superior to the parents. If this were a parent versus parent situation, the answer would be different but since it is a 23 year old daughter with no resources and can hardly care for herself, she does not stand a very good chance of winning.


The parents are under no obligation to negotiate with her. So the best way to deal with this is to assert their rights as parents, they get to decide what is best for their children and the court will look at the best interests of the children as well. My only concern is that the younger siblings are teenagers and I would hate to see a scenario where they run away from from because they do not want to move, but that has nothing to do with whether the 23 year old daughter is entitled to guardianship and I can only hope the parents can reason with the 3 younger siblings that the move is best for the entire family and will allow them a better life.


Unless the 23 year old files a petition with the court and the court issues an order to prevent the parents to remove the children from the state, the parents are free to move and have no obligation to give the 23 year old any rights. I hope this helps clarify.


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