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  1. #1
    Join Date
    Aug 2005
    Posts
    4

    Default Parent died - guardianship of nephew

    My brother and his wife were never divorced. He lives on the streets and has essentially abandoned the family, though, nothing has ever been filed or recorded to my knowledge.
    My sister-in-law has lived with her parents with my 16 year old nephew for over 10 years. She died last week. His grandparents want to maintain custody. What must they do in order to be legal guardians? As I understand , they cannot even take him to the Dr. without legal guardianship. What can be done without huge legal bills?
    Any advice would be helpful. Thank you for your time.
    We live in Michigan.

  2. #2
    Join Date
    Aug 2005
    Posts
    4

    Default Also

    Can they just claim that my brother abandoned them or do they have to try to locate him?
    My brother's DOC is alcohol.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Guardianship

    Your parents can petition for legal guardianship. They will have a duty to notify the father of their petition. (If he cannot be located, the court will typically issue an order permitting "substituted service" - some form of public notice reasonably calculated to let him know that the matter is pending.) It is usually a relatively simple process in Michigan, with fill-in-the-blank forms available at the courthouse, and many people seek guardianships without the assistance of lawyers.

    If they need a guardianship right away, to enroll the nephew in school or for medical care, they can ask about getting a temporary or emergency guardianship pending the full hearing.

  4. #4
    Join Date
    Aug 2005
    Posts
    4

    Default

    My brother just contacted me through e-mail. He must be staying with someone who has a computer or possibly the library. Do I have a legal obligation to tell him about his wife's death? Do I now have to say he's been located? He did not give me any information about his whereabouts.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Notice

    Unless you are under a legal duty, e.g., by virtue of having commenced court proceedings for which you are required to give him notice, your obligation to tell him about his wife's death would seem to be a moral issue.

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