Little Custody Question

[Code]

Ok, so my brother-in-law has been accused (not convicted) of murder, kidnapping and conspiracy to commit kidnapping.

He has two boys. Before his arraignment he called and told me he was getting documents to give me custodial rights of his boys. So I went and picked them up and moved them into my house.

Their mother is dead. (Not a victim of this alleged crime)

The mother's parents called me Monday and asked how to best arrange for the boys to visit them regularly. My first question was, "Are you going to contest the guardianship?" They replied, "No."

So, yesterday at 5:30, they deliver an ex parte custodial document to the cops. Which is great timing, because at 5:30-6PM ain't no judge in the office to issue me a temporary stay.

So they took my boys back to South Dakotah.

My questions:
The father hasn't been convicted, does he still have guardianship?
He hasn't been given ample access to his lawyer to sign gaurdianship over to.

My assumption is that he is innocent until proven guilty, so he would most assuredly still have parental rights... I might be wrong though.

 

[gab9681]

Hmm, you lost me. If this guy is your brother-in-law, wouldn't that make his late wife your sister? And if that's the case, wouldn't the mother's parents be your parents?

 

[Werd]

Check with an attorney...

I dont know the laws in my state regarding such a matter, let alone the laws governing custody in yours.

Do you think the boys would be properly cared for by the grand parents?

 

[Code]

No.
My wife, who is also dead, was his sister.

Hmm, you lost me. If this guy is your brother-in-law, wouldn't that make his late wife your sister? And if that's the case, wouldn't the mother's parents be your parents?

 

[Mr. Black]

No.
My wife, who is also dead, was his sister.

So he re-married and that one died as well?

 

[gab9681]

No.
My wife, who is also dead, was his sister.

Heh, oh shit, I got ya now. My bad, too early in the morning. I take it he has been incarcerated though? I think if he is incarcerate, then he does loose some rights, at least that's how it is in my state. I would definitely call up a lawyer and find out for sure. I would think though, that if he signed over rights to you, and the mother's folks contest that, you would still have rights to the kids until the courts decided who was better fit and so on and so on. Shitty situation though for all involved. Sorry to hear about your wife and your bro-in-law man.

 

[Code]

Oh goodness, no.

It's like this:

My wife was his sister.

Both our wives are dead.

So he re-married and that one died as well?

 

[strongsmartsexy]

Ok, so my brother-in-law has been accused (not convicted) of murder, kidnapping and conspiracy to commit kidnapping.

He has two boys. Before his arraignment he called and told me he was getting documents to give me custodial rights of his boys. So I went and picked them up and moved them into my house.

Their mother is dead. (Not a victim of this alleged crime)

The mother's parents called me Monday and asked how to best arrange for the boys to visit them regularly. My first question was, "Are you going to contest the guardianship?" They replied, "No."

So, yesterday at 5:30, they deliver an ex parte custodial document to the cops. Which is great timing, because at 5:30-6PM ain't no judge in the office to issue me a temporary stay.

So they took my boys back to South Dakotah.

My questions:
The father hasn't been convicted, does he still have guardianship?
He hasn't been given ample access to his lawyer to sign gaurdianship over to.

My assumption is that he is innocent until proven guilty, so he would most assuredly still have parental rights... I might be wrong though.

I absolutely HATE people like that. The world is better off without them in it and the children are better off not being under their influence. See an attorney pronto and have your brother-in-law deal with things on his end.

 

[Code]

He hasn't been convicted.
But cannot afford the million cash bail.

Heh, oh shit, I got ya now. My bad, too early in the morning. I take it he has been incarcerated though? I think if he is incarcerate, then he does loose some rights, at least that's how it is in my state. I would definitely call up a lawyer and find out for sure. I would think though, that if he signed over rights to you, and the mother's folks contest that, you would still have rights to the kids until the courts decided who was better fit and so on and so on. Shitty situation though for all involved. Sorry to hear about your wife and your bro-in-law man.

 

[Mr. Black]

He hasn't been convicted.
But cannot afford the million cash bail.

That's fucked up. What exactly happened if you don't mind me asking?

 

[coverguy]

That's definitely fucked up. I hope you get everything taken care of and he's acquitted of all charges.

As for the custody issue, definitely check with a lawyer

 

[Code]

He's accused of murder, kidnapping and conspiracy to commmit kidnapping.

Although the local DA, is probably going to drop the murder charge. I'll find out later today on that for sure.

That's fucked up. What exactly happened if you don't mind me asking?

 

[Mr. Black]

He's accused of murder, kidnapping and conspiracy to commmit kidnapping.

Although the local DA, is probably going to drop the murder charge. I'll find out later today on that for sure.

Who did he supposedly kill and kidnapp?

 

[Code]

Apparently, some known drug dealer went to collect from some guy.
They guy didn't pay up, so hit knocked him out.
Called my brother-in-law and said, "I've got to get rid of this kid, I'm coming to see you."

The guy turns up missing, no body. The only evidence is my brother-in-law's prints in the dealer's truck. The dealer has implicated him somehow, but they won't release that info.

An eyewitness claims to have seen the two of them in the truck on the day the guy disappeared.

Who did he supposedly kill and kidnapp?

 

[Smurfy]

In Illinois, a parent retains their parental rights until those rights are specifically terminated in the court. Being charged with any crime, regardless of what it is, and being jailed, does not terminate ones parental rights.

 

[Dial_tone]

In Illinois, a parent retains their parental rights until those rights are specifically terminated in the court. Being charged with any crime, regardless of what it is, and being jailed, does not terminate ones parental rights.

(no go, Alpha One)

 

[manny78]

Usually (and according to my knowledge of canadian laws which should not be so different than yours), the only way a parent can lose its rights is through a court order and/or judgement. Being incarcerated before a trial has nothing to do with custody unless the crime was related to the kids. And in this case, the court will issue a temporary restrictive order. But that's it. The only person able to ask for such order is the DA.

 

[Code]

K to all who helped, thanks guys.