Q: can i remove my kids from syepmother temporay guardianship. father drown saving son she got a lawyer norified 7days late
the children where not supervise one was drowning.father dies saving him. base on lies the wife has my kids. she turn the accident all on me i dint even live in that state. she went a got a lawyer open a case for emergency guardianship and i dint even know whats going on. she threaten my kids if they told me what happen . is it legal to get my kids from her after i sen in my facts she is after their military benefits with out them she gets the minimum
A: You really need to seek an attorney in the state where the children reside.
Given the gravity of your situation, it's essential to first emphasize a critical point: If the children and the temporary guardianship proceedings are in Texas, you should immediately consult with and retain a family law attorney in Texas. If the proceedings or the children are in a different state, it's imperative to engage legal counsel in that particular jurisdiction. What follows assumes the children are in Texas and is based on the Texas Family Code. However, always remember that this is general information, and consulting an attorney for your specific situation is crucial.
Parental Rights in Texas: As a biological parent, your rights typically take precedence over any third party's, including a stepmother. Nonetheless, the courts primarily aim to determine what's in the best interest of the children.
Temporary Guardianship: If the stepmother was granted temporary guardianship, this decision would suggest the court believed it to be in the children's best interest at the time. Being "temporary" in nature means this status is not set in stone. Should conditions change, or if the foundation for the guardianship is shown to be unfounded, the court may revoke it.
Notification: Proper notification is a foundational element in legal proceedings. If you were not adequately informed about the guardianship proceedings, you might have a basis to challenge any determinations made without your involvement.
Threats & Coercion: Allegations that the stepmother threatened or coerced your children are taken seriously in court. The safety and well-being of children are paramount. If you can provide evidence to substantiate these claims, it could significantly influence the court's decisions.
Motivation for Guardianship: If you believe the stepmother is primarily pursuing guardianship to access the military benefits, this concern should be presented in court. The underlying motivations for such actions can be a determining factor in a judge's decisions.
Again, while this information provides a general overview based on the Texas Family Code, the specifics of your situation are vital. Engaging and consulting with an attorney will provide the best guidance tailored to your unique circumstances.
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