Legal Question in Family Law in New York
How long does it take after parents' death for a legal guardian to be appointed to a minor child? Is it in a matter of days, weeks, or what? Where would the child go temporarily during time of process?
If the chosen guardian is in a different state, will that guardian have to go to the state of the child to finish procedures, or can they finish everything in their own state and then pick the child up?
1 Answer from Attorneys
Q. How long does it take after parents' death for a legal guardian to be appointed to a minor child? Is it in a matter of days, weeks, or what?
A. It depends on the circumstance. There is no exact forumula. However, if there are no issues at the most it should take weeks (not months).
Q. Where would the child go temporarily during time of process?
A. I would think that the child should be with the proposed legal guardian during this period or a close family relative. Otherwise, the child may be placed in temporary foster care.
Q. If the chosen guardian is in a different state, will that guardian have to go to the state of the child to finish procedures, or can they finish everything in their own state and then pick the child up?
A. If the guardian is outside NY, the guardian would have to file where the child lives, in NY.
Mike.
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