Legal Question in Family Law in New Hampshire
Family Law/ Guardianship for Grandparrents
Mother died, Father is incarcerated ,child age 12 living with stepfather who wants guardianship, also grandparrent wants guardianship father wants grandparrents to have the rights . Whats happends in this case
2 Answers from Attorneys
Re: Family Law/ Guardianship for Grandparrents
The Court decides after a hearing. The court governing guardianships in the state in which the child has resided for the last six (6) months is the correct court. In MAssachusetts, the judge has discretion to interview the child, but would more likely appoint an investigator or guardian ad litem to do so.
Re: Family Law/ Guardianship for Grandparrents
In cases of this type, where there is no agreement within the family structure, the matter would be presented to the Probate Court for the appointment of a Guardian over the minor child. The Court would likely appoint a Guardian ad Litem to represent the child and make a recommendation to the court as to what would be in the best interest of the child regarding a living situation. All parties should have attorneys in a matter of this type.
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