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Author Topic: Statement of Guardianship of minor child  (Read 926 times)

cinb85

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Statement of Guardianship of minor child
« on: May 25, 2006, 01:14:38 PM »
Soc:

I have legal and physical custody of our daughter (court ordered).  Father has paid very little in CS over her life (15 years), has never paid any portion of any of her medical bills and has not played an active role in her life.  Father is over $30,000 in arrears to date.

I have written up a will and statement of guardianship.  I have named my sister as DD's guardian if I should die.  

Question:  I know that bio-father can fight it, but where would DD live while the courts are deciding on who her legal guardian would be?  Would she live with my sister (since that's who I named on the Statement of Guardianship) until the courts decide or would they place her with her father until the courts decide.  Father's name is on her birth certificate.  We live in New Jersey.


thanks!

(I am not asking who you think would get permanent custody of her - that's why I didn't post details about my sister versus my ex.  I just want to know where you think the judge would allow her to live while the courts are deciding who would get custody).


socrateaser

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RE: Statement of Guardianship of minor child
« Reply #1 on: May 25, 2006, 02:50:20 PM »
>Question:  I know that bio-father can fight it, but where
>would DD live while the courts are deciding on who her legal
>guardian would be?  Would she live with my sister (since
>that's who I named on the Statement of Guardianship) until the
>courts decide or would they place her with her father until
>the courts decide.  Father's name is on her birth certificate.
> We live in New Jersey.

Court would probably grant your sister temporary custody until a hearing could be held on the question of the child's best interests.

If there were joint custody, then father would get the nod, because you would be attempting to abrogate his rights. But, as he has none at the moment, your delegation would probably prevail.

It's a question of specific NJ law, so this is just my educated guess. You'll need to consult a local attorney fore a definitive view.

cinb85

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Thanks Soc!!!
« Reply #2 on: May 30, 2006, 06:35:05 AM »
I did consult an attorney years ago when I filed theStatement of Guardianship and she told me that the father would have to fight my sister for custody.   Don't think that the father would fight for custody.  He has enough problems taking care of himself, let alone a teenage girl!!!  My sister has a much more stable home and would have no problem raising her.  Just want what's best for DD!

Thanks again!
 

 

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