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If a grandparent has applied for guardianship of minor grandchildren because parents are deceased, can the children state that they don't want to live with the grandparent even though that would be in the childrens best interest
That depends on why guardianship was awarded to the grandparents.That depends on why guardianship was awarded to the grandparents.That depends on why guardianship was awarded to the grandparents.That depends on why guardianship was awarded to the grandparents.
If the court approves the guardianship then the guardian will have the legal authority to make all decisions regarding the child. The parents will not have that authority.If the court approves the guardianship then the guardian will have the legal authority to make all decisions regarding the child. The parents will not have that authority.If the court approves the guardianship then the guardian will have the legal authority to make all decisions regarding the child. The parents will not have that authority.If the court approves the guardianship then the guardian will have the legal authority to make all decisions regarding the child. The parents will not have that authority.
Legal guardianship can only be revoked by the court that awarded the decree or in some states a higher court or it can be relinquished by the guardian(s) through prescribed legal procedure. The rights that biological parents have regarding their children (such as visitation, support, etc.) will be stipulated in the final guardianship order from the court. Courts prefer that parents remain active in the child's life, but if there are no specific terms in the guardianship order for visitation rights and other issues, it is assumed that the guardians can "set the rules".
no, both parents must consent.
If the legal parents agree, have them sign over temp guardianship of the 17 year old. The parents can at any time change this guardianship (with notice to you via noterized letter). If you take guardianship, you must note that ALL expenses (school, medical...) are YOUR responsibility and no support is expected by legal parents (just how it works).
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Guardianship is legal when the judge says it is. An attempt must be made to serve the biological parents but if service is not possible for whatever reason an argument can be made to the judge to grant guardianship without it.Additional: If the child was removed from the custody of the biological parents by court order due to some shortcoming or failing of the parents to 'nurture and protect' the child, and custody was awarded to a foster family, you would.should have been issued a court order to that effect. . . IF you could have been found. If the state Dept. of Children and Family Services (or whatever they call it in your state) initiated the petition for the safety of the child, you need not have been served with any formal legal papers prior to them taking this action.
Yes, if the parents do not "keep" their child with them that implies they leave the child with someone else. That someone else could petition the court for a legal guardianship and gain legal custody of the child. That would be in the best interest of the child and the person with whom the child lives should have legal custody.Yes, if the parents do not "keep" their child with them that implies they leave the child with someone else. That someone else could petition the court for a legal guardianship and gain legal custody of the child. That would be in the best interest of the child and the person with whom the child lives should have legal custody.Yes, if the parents do not "keep" their child with them that implies they leave the child with someone else. That someone else could petition the court for a legal guardianship and gain legal custody of the child. That would be in the best interest of the child and the person with whom the child lives should have legal custody.Yes, if the parents do not "keep" their child with them that implies they leave the child with someone else. That someone else could petition the court for a legal guardianship and gain legal custody of the child. That would be in the best interest of the child and the person with whom the child lives should have legal custody.
No. Once the court has appointed a legal guardian any change of residence made by the minor must be approved by the court issuing the guardianship order.
They would need to be under a legal guardianship and the parents under a child support order.
No, the only way grandchildren can get benefits is if the grandparents have legal guardianship of them, as if they were their own children.