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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110573
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife and I have guardianship of our 3 minor

Customer Question

My wife and I have guardianship of our 3 minor grandchildren. Their mother and father are divorced. My wife and I have moved out of state with the kids and our new state has taken over the responsibility for medical and supervision of the case. We have heard the father is going to petition the courts to take the children back. There is more that needs to be done for him to take them, right?
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He would have to prove he is a fit parent and he is capable of caring for the children to the court. So, if he files his petition for the return of custody to him and to terminate your guardianship, he needs to present evidence he is a fit and capable parent. You, of course, would need a local attorney where he files to object to the termination of your guardianship and your attorney would need to present clear and convincing evidence to the court that the father is not fit to have the children as required by the US Supreme Court in the seminal case of Troxel v. Granville, 530 U.S. 57 (2000).

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