What steps can me and my wife take, along with the mother, to ensure that we are granted guardianship? 5 Answers as of September 05, 2013

My wife's cousin is prepared to grant guardianship to us over her 2-year-old son. Meanwhile, her brother wants to petition the courts for guardianship based on her not being a fit mother. What steps can me and my wife take, along with the mother, to ensure that we are granted guardianship (or at least temporary guardianship first and then full guardianship). All before the brother tries to get DCF, and other law agencies involved?

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Eric Johnson
Eric Johnson | Eric Johnson
You have a couple of options open to you. Frankly, your best course of action is to hire an attorney to assist you and your wife's cousin, but if you don't want to spend the money on attorney and bear the risks of making fatal mistakes, the Utah Courts provide do-it-yourself forms that you can fill out and file with the court.
Answer Applies to: Utah
Replied: 9/5/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
You have to file a petition for guardianship in juvenile court. If the mother will consent, then it will help your petition go through. The court will likely appoint a guardian ad litem (best interest attorney) to determine whether the cousin or the brother would make the better guardian to the child.
Answer Applies to: Arizona
Replied: 9/5/2013
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
If both parents will consent to the guardianship you can obtain guardianship papers from the probate court in the county in which you live and you can complete the documents yourself; you don't need an attorney. If both parents will not consent to the guardianship, then you should immediately consult in person and in detail with a family law attorney to discuss whether you should file a custody case in Superior Court.
Answer Applies to: Georgia
Replied: 9/4/2013
Welsh Law, LLC
Welsh Law, LLC | Michael Shane Welsh
Each state has its own specific procedures to follow. In Georgia, you should file a petition for guardianship, with an affidavit from the mother, in the county court where the mother and child resides.
Answer Applies to: Georgia
Replied: 9/4/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You can do nothing to ensure it. All you can do is file your petition and the mother's consent. The brother will probably intervene. The guardian ad litem will interview everybody and give a recommendation regarding the relative benefits of you and the brother for guardianship. And let's not forget the father. He has to be notified and he may or may not have input. If he is a relative reasonable person, he may end up with custody.
Answer Applies to: Idaho
Replied: 9/4/2013
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