Hello, my brother-in-law recently physically assaulted his oldest child, threatened a coworker with a gun, and made verbal threats against his daughter. The mother is divorced from him and unable and unwilling to care for the children but is willing to give custody to my wife and I. Where do we start to quickly get guardianship so we can keep the children safe and cared for with us? He is currently being held for 5 days in a state mental facility so we would like to get it all done before his release. Thank you
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Bill HenryFounding Partner 18 years of experience
This is a complex question that will require speaking with an attorney. At a hight level, this case would likely involve a petition for emergency guardianship. The Court is able to rule on an emergency guardianship with a verified affidavit if the facts are sufficient, and it probably the easiest quickest route. Also, you may be able to obtain a civil protection order for the kids but will need Mom's assistance on this.
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