Legal Question in Family Law in New Jersey

obtaining custody of minors from their current legal guardian

Is there any way to try and obtain custody of minor children from their currentlegal guardian. They are 4 years old and triplets. both parents are deceased and we believe that they are not being properly taken care of, this includes possible misuse of funds. I am a aunt and was also listed as a legal guardian in their will. is there anything that can be done to fight the custody agreement.

thank you

angie


Asked on 1/24/02, 3:38 pm

1 Answer from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: obtaining custody of minors from their current legal guardian

Yes, what you need to do is petition the court in the county in which the children have lived for the last 6 months for custody of the children. This really is the type of case that you really do need an attorney. Also, if you believe the child are in physical or mental danger call in the local child protective services.

Please also keep in mind that in VA you are not the legal guardian unless you actually petitioned the court for legal guardianship. The fact that the parents named you in the will is good evidence to show that they wanted you to be a guardian but you still need to go through the legal proces to become the legal guardian.

Good luck to you and I hope that you can resolve this. Call me at my VA office if you need further help. That number is 703-968-3974.

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Answered on 1/24/02, 5:03 pm


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