Guardianship of children

Reply Fri 29 Nov, 2013 04:53 am
I have three children and their dad is in jail. I recently moved in with my parents to get on my feet.Their dad could be gone for a little while and my parents are encouraging me to have paperwork done saying they are temporary guardians for fear that something could happen to me. So my question is, If I were to die and my children's father would still be in jail who would get custody of my kids if I had nothing stating temporary guardians or permanent?? Please please help!! Thanks all!!
Reply Fri 29 Nov, 2013 08:52 am
Let me get this straight they wish you to now turn over guardianship not just express your wish for them to be backup guardians if something should happen to you?

That does not smell right in any way or in any manner should that be the case.

In any regards, paperwork or no paperwork a court would likely need to review the issue of guardianship however your express wishes would carry great weight and even more so if your husband would sign on.

Still there is something wrong as your husband even in jail after your death could grant guardianship to your parents in case of need if you both would be on the same page over this matter.
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Reply Fri 29 Nov, 2013 03:53 pm
As is the case with most legal questions, it depends.

Is there another set of grandparents? Are they nearby? Do they know your kids?

And is this move by your folks an effort to do an end-run around them?

Sign on for your parents to be backup guardians only if you and your husband think it's a good idea. You can ask siblings instead, or friends. But don't let your parents pressure you into this if you aren't 100% on board with it.
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Reply Fri 29 Nov, 2013 05:03 pm
You said your husband will be gone for quite a while. So why are you concerned about this at this time?

Temporary guardianship is just that. In case something happens to you or they petition the court, could get permanent guardianship.

Husband would have to prove that he is a fit father and has a place for the children to stay. Seems unlikely, given his background.
Reply Fri 29 Nov, 2013 05:33 pm
Husband would have to prove that he is a fit father and has a place for the children to stay. Seems unlikely, given his background.

Not at all that easier to lock out a parent from having custody of his or her own children and being a felon is hardly enough to do so unless it have something to do with child abused of some nature.

Parents had a strong presumed rights to custody in any case

As I said already from her postings there seems something strange concerning her parents wish to get her to sign papers now over her children custody.
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