my son is deployed I have his guardianship for his two children, the mother has left the children and is on drugs we have petinioned the court for Full guardianship.Our fear is she will come get the children agaist our and the fathers wishes.do you think an ex parte would be granted and how long does it take to go into effect?
Answer
If you don't have a lawyer, expect a long list of hurdles and problems. A guessing game about what might happen won't help you. If a proper guardianship for the children is really important, it is worth hiring a lawyer.
Answer
These are complicated issues, very difficult. There is not enough information to adequately respond. However, generally, if you have temporary guardianship and the parents attempt to revoke it there would be a hearing, if you file an objection, to determine what is in the best interests of the children. If the Mother is truly unfit and you can prove it with clear and convincing evidence, then you should remain as Guardians, pending your son's return. In some cases you might even petition for permanent custody, depending on the situation. Ex parte orders are seldom granted for long periods; normally they are granted for safety reasons and a full hearing is conducted when all parties can be present and present their evidence. You need to get a lawyer if you expect to be successful, as parents rights generally trump third parties except in limited legal situations, which only experienced family law attorneys are familiar with.
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