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  1. #1
    Join Date
    Jan 2011
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    2

    Default How Do I File for Guardianship of My Stepchildren

    My question involves guardianship in the State of: Tennessee
    I was wondering how do my husband and I go about filing for legal guardianship of my husbands children. My husbands parents currently have legal custody but the children live with us full time and have for the last 4 years. We have had issues with their mother claiming them on their taxes and we have had to be audited by the IRS to prove that we are allowed to claim them. We just think it would be a whole lot easier if we had that paperwork so we don't have to go through this every year. We don't want to hire lawyers but wondered if the was an easy way to a get the guardianship taken care of.

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Do I File for Guardianship of My Stepchildren

    Are you talking about the parents somehow obtaining custody through court that decided custody issues between the parents, or by "My husbands parents currently have legal custody" do you in fact mean that they have guardianship?

    If you mean "guardianship", dad can petition the court that ordered guardianship to terminate the guardianship order. Often the order granting guardianship will describe what the parent(s) must accomplish for the guardianship to be ended. Once guardianship ends, custody should revert to the parents (unless there are more facts you haven't shared); that, of course, raises the issue of "where's mom, and would she get her custody rights back, as well."

  3. #3
    Join Date
    Jan 2011
    Posts
    2

    Default Re: How Do I File for Guardianship of My Stepchildren

    No, I mean the grandparents have legal custody...not guardianship.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How Do I File for Guardianship of My Stepchildren

    Then dad will have to petition the court to modify custody, establishing a valid basis for the court to revisit its prior decision and to find that it's in the children's best interest that he be given custody.

    When custody is awarded to third parties there are usually some unusual circumstances involved, so it would be sensible for dad to consult a local custody lawyer.

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