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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I HAVE A 17 YEAR OLD GRANDSON AND A 15 YEAR OLD GRAND DAUGTHER

Customer Question

I HAVE A 17 YEAR OLD GRANDSON AND A 15 YEAR OLD GRAND DAUGTHER LIVING WITH ME AND MY WIFE SENCE JANUARY 15.WE ARE RAISING THEM IN A GOOD HOME.THEY WERE LIVING WITH THEIR FATHER AND STEPMOM AND 2 STEP SISTERS SINCE THEIR MOTHER PASSED AWAY SOME 8 YEARS AGO.THEY HAVE BEEN MENTALLY ABUSED BY THE STEP MOM FOR QUITE SOME TIME.THEY GOT ENOUGHT OF THIS IN JANUARY AND WERE ALLOWED TO MOVE OUT.THEY ARE BEING THREATENED THAT THEY ARE GONNA MAKE THEM MOVE BACK AT THE END OF JULY.WHAT RIGHT DO THEY HAVE IN STAYING WITH US AS THEY DONT WANT TO MOVE BACK.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, if there is no formal custodial order via the courts, they have no legal right to pick where they live as they are still minors. Once they turn 18, they are free to pick and choose where to live and with whom but until that takes place their parent or guardian is able to demand that they return. If you wish for them to stay and genuinely believe that this would be in their best interest perhaps it may be prudent to consider filing for guardianship via the courts. If granted, you would be deemed guardian, be able to make legal decisions on their behalf (such as registering them for school), and they would be able to remain with you.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
How do we apply for gaurdianship
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
Please contact your local county family law courthouse, speak to the clerk, and obtain the guardianship packet. Fill it out, file it, and make sure to serve a copy of it to the other parent as he has a right to appear and to challenge your filing. Then wait for a hearing in front of the judge. The judge can then evaluate and review, and if he finds that you are more 'fit' to care for the children based on your evidence of fitness, he will grant you rights as listed.
Sincerely,
Dimitry, Esq.

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