Can i obtain temp guardianship of my nephew if mother is in prison and father travels alot for work with the mothers consent?

Asked almost 3 years ago - Wichita, KS

My sister is in the Topeka correctional facility and has asked me if i would try to do anything i can to get temporary custody of my nephew. He is with his father now but his father travels alot for work out of state, and i dont believe is being properly taken care of. if i have the mothers consent, can i file for temporary guardianship?

Additional information

My nephew is currently living with his father who is living with his sister. when he is out of town its for a week or two at a time, and my nephew stays with her. she already has 2 kids and is unemployed. the father is on probation and just got out of work release.

Attorney answers (1)

  1. David S. Adams

    Contributor Level 8

    1

    Lawyer agrees

    Answered . The father's rights will likely trump your guardianship petition, unless you can show that he and his sister are pretty bad people. Best answer is probably to offer to take him for extended periods of time, and see if you can get more access by developing a good relationship with your sister-in-law and brother-in-law. If this is not a viable option, the only way you can win in the guardianship battle is to prove them "unfit" which could get expensive and time consuming. These are very tough situations. Good luck.

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