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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22430
Experience:  Attorney with 14 years experience
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I have a niece and nephews that have both parents with lets

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I have a niece and nephews that have both parents with lets say some serious concerns. The children have been through alot and the older ones do not want anymore drama. Now they are all minors. The youngest of course are confused. They are in Maryland and with a family and don't want to move. Neither one of the parents are in there lives right now but they both even though unfit want the kids. What options do I have as a unofficial guardian that can not get temporary guardianship from either one parent do I have to help these kids adjust in my home temporary until a court can deem either parent fit?
Submitted: 8 months ago.
Category: Family Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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Are the children currently living with you?
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If so, how long have they been with you?
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Are you supporting them financially or are the parents contributing?
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Thanks
Barrister
Customer: replied 8 months ago.
Yes they are living with me and have been for about two months. The mother vacated a few weeks ago. I and my brothers are helping the kids now. One parent just got out of jail a week ago and has not been in the kids life due to personal issues with drugs (but has been in denial. The other parent was in my house on probation and has chose not to abide to the request of the courts with regards XXXXX XXXXX and chose to leave with here boyfriend. Both parents are threading to take the kids but now can support them. Truly sad. These kids need medications and from what I gather the older ones do not want to leave and the younger ones are naturally confused. I have my own kids an can support the other kids and even though it is difficult emotionally. I fee I can offer the best support at this time.
I am not trying to prevent parents from coming into the kids life but they have been uprooted to many times and the oldest is 16 and they just need stability.
Expert:  Barrister replied 8 months ago.
Ok, if the parents won't agree to a voluntary guardianship, then your options are limited to filing a petition for an involuntary temporary guardianship with the probate court. The judge would evaluate the petition based on the "best interests of the children" and make a determination about what would be best for them.
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As part of the case, the court would appoint a "guardian ad litem" for the children to compile a report regarding what the GAL felt was best for them. Assuming that you are able to provide them a stable and caring environment, it is likely that the judge would grant the guardianship and order both parents to pay child support to you as long as you are caring for them. In order to terminate it, they would have to file their own petition to do so and demonstrate to the court that they are able to provide adequate care for the children.
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This isn't a simple process and if you want to go this route, I would suggest contacting a local family law attorney to assist with filing the guardianship petition.
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Thanks
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22430
Experience: Attorney with 14 years experience
Barrister and 3 other Family Law Specialists are ready to help you

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