QUESTION

Can the paternal grandparents get custody if I have a notarized temporary guardianship form giving me guardianship over her signed by my daughter?

Asked on Mar 30th, 2014 on Child Custody - Idaho
More details to this question:
My Granddaughterโ€™s father is in jail on a murder charge. My daughter was recently arrested also for hindering apprehension.
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3 ANSWERS

Bruce Provda
Sounds like you have a temporary guardianship. In a custody hearing, the question of the child's biological mother AND biological father's parental rights would arise. The court would look at what is in the best interest of the child and might make a temporary decision rather than a permanent one at this point. Obtain an attorney.
Answered on Apr 03rd, 2014 at 7:01 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Without seeing what you have, I don't know how good it is. Since the child is not living with either parent, the paternal grandparents can certainly file a third party custody action, but they would have to show, not only that the parents are unfit (easy) but that the kid should be moved from you to them, a much harder thing to prove.
Answered on Apr 03rd, 2014 at 7:01 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Only if they go to court and ask for guardianship.
Answered on Apr 03rd, 2014 at 7:00 PM

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