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My mom passed and I have two younger sisters. I've already…

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My mom passed and I...
My mom passed and I have two younger sisters. I've already had temporary custody of them over a year ago. What do I do now to gain full guardianship
Submitted: 6 months ago.Category: Family Law
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Answered in 1 minute by:
1/3/2018
Family Lawyer: LegalGems, Lawyer replied 6 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,657
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 6 months ago

I am terribly sorry to hear this; is the father still alive? If so would he consent to the guardianship?

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Customer reply replied 6 months ago
Ok will be waiting
Family Lawyer: LegalGems, Lawyer replied 6 months ago

Is the father still alive? If so would he consent to the guardianship?

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Customer reply replied 6 months ago
both fathers are alive the 17yr old father is fine with the child being with me. He's a truck driver so he's on the road alot. The 15yr old father doesn't have anything to do with the child period. Hasn't been in the childa life at all
Family Lawyer: LegalGems, Lawyer replied 6 months ago

OK thank you; a few minutes please.

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Family Lawyer: LegalGems, Lawyer replied 6 months ago

In order to obtain guardianship the person seeking guardianship would need to file a petition in the county where the child resides. The clerk may have a packet for purchase for a nominal fee depending on the particulra court.

Essentially after the petition is submitted and notice provided to the parents, the court will hold a hearing. If the 2 children have 2 different fathers that would require 2 separate petitions.

The petition would set forth the reasons for the guardianship request (ie preserve status quo; death of mother, ) and the court will either grant the petition if not contested, grant it if it is clearly in the child's best interests, or appoint a guardian ad litem to represent the child, and the guardian ad litem will submit a report to the court as to their recommendation after detailed interviews.

The court is not legally obligated to follow that recommendation but often do.

http://www.2ndchancerycourtdistrictms.org/information/gship-cship/guardianship/

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Customer reply replied 6 months ago
Ok thanks
Family Lawyer: LegalGems, Lawyer replied 6 months ago

You are most welcome.

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Family Lawyer: LegalGems, Lawyer replied 6 months ago

Hello again; just checking in to see how things worked out;

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