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Q: Who has legal guardianship of minor children if both parents are deceased?
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When a grandparent is applying for legal guardianship of children because parents are deceased can the children decide who they want to live with?

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


Can custody obtained by grandparents be given back to parents?

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.


What effect does granting guardianship have on parental rights in Mississippi?

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.


How do you revoke guardianship what rights do parents have if they gave guardianship to the grandparents?

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".


Can you get legal guardianship if only one parent consents?

no, both parents must consent.


You want to take temp guardianship of a 17 in IL she lives with us until she finishes college Is this possible?

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).


How can foster parents get help with establishing legal guardianship of a child after one parent dies?

THANK YOU


Is a guardianship legal if biological parents were not served with petition for guardianship?

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.


Can parents lose custody if both are on prescription narcotics and do not keep the children with them?

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.


Can an employed 17-year-old whose parents are deceased move out of her guardian's home and live with a friend and the friend's family?

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.


Can 17 year old live with non relative and get support from parents?

They would need to be under a legal guardianship and the parents under a child support order.


Do grandchildren get benefits if grandfather was in military?

No, the only way grandchildren can get benefits is if the grandparents have legal guardianship of them, as if they were their own children.