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Normally when both parents are arrested and charged child protective services steps in and finds a placement for the child if the parents have not already appointed a guardian for the child. If the parents are not in jail but are out and around, they need to take care of this step so the state doesn't do it for them. They should pick a responsible relative, be sure the relative will keep the child(ren) while they are in jail or incarcerated (in case it happens) and both parents should do a temporary custody form (on the same paper of course) have it notarized, have notarized copies made, and give a copy to the relative involved. They can use a non-relative but protective services is less likely to get involved if it is family. Make sure the form is signed in front of a notary.

The preferred guardian should file a petition in the local probate court for appointment as temporary guardian. The appointment is not legal until the guardian has been appointed by the court. The consent of the parents will make the appointment process go more smoothly.

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Q: What would happen to a child if both parents had been arrested and charged with a crime and were awaiting trial?
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