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  1. #1
    novelgirl is offline Junior Member
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    Death of Both Parents

    What is the name of your state? Indiana

    Hypothetically, if both parents of two female minors (ages 6 and 14) die, and there are two adult siblings who both want custody (ages 20 - male and 25 -female) who does custody go to? Can the non-custodial sibling challenge the other for custody? And can they get visitation during the process?
  2. #2
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by novelgirl View Post
    What is the name of your state? Indiana

    Hypothetically, if both parents of two female minors (ages 6 and 14) die, and there are two adult siblings who both want custody (ages 20 - male and 25 -female) who does custody go to? Can the non-custodial sibling challenge the other for custody? And can they get visitation during the process?
    Either sibling or set of grandparents can file for custody. It will be up to the court to determine the best setting for each child.
  3. #3
    novelgirl is offline Junior Member
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    Smile

    Thanks for replying so quickly! Do you know who would get temporary custody (who they would live with in the meantime?) Court processes can take some time.
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    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by novelgirl View Post
    Thanks for replying so quickly! Do you know who would get temporary custody (who they would live with in the meantime?) Court processes can take some time.
    yes and yes. Both questions can be answered five minutes after the hearing is over. Otherwise, the FA crystal ball will have to be consulted.
  5. #5
    novelgirl is offline Junior Member
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    I love the 'FA Crystal Ball' comment. LOL! What I meant to ask is this - if the parents die one night, what happens to the kids? Do they go to foster care to wait for the hearing? Or would one of the siblings be called to pick them up? I don't really know how long it takes to get a hearing, and where the kids would be placed until then.
  6. #6
    ceara19 is offline Senior Member
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    Quote Originally Posted by novelgirl View Post
    What is the name of your state? Indiana

    Hypothetically, if both parents of two female minors (ages 6 and 14) die, and there are two adult siblings who both want custody (ages 20 - male and 25 -female) who does custody go to? Can the non-custodial sibling challenge the other for custody? And can they get visitation during the process?
    Why would one hypothesize about matters such as this?
  7. #7
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by novelgirl View Post
    I love the 'FA Crystal Ball' comment. LOL! What I meant to ask is this - if the parents die one night, what happens to the kids? Do they go to foster care to wait for the hearing? Or would one of the siblings be called to pick them up? I don't really know how long it takes to get a hearing, and where the kids would be placed until then.
    Is this something that you see happening? Are the parents ill?
  8. #8
    novelgirl is offline Junior Member
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    No, I'm actually doing some research for a novel I'm writing. The protagonist is the younger adult sibling, so I'm trying to find out realistically what he would have to do to get custody. I really appreciate any help!
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    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by novelgirl View Post
    No, I'm actually doing some research for a novel I'm writing. The protagonist is the younger adult sibling, so I'm trying to find out realistically what he would have to do to get custody. I really appreciate any help!
    If you had been honest from the beginning I would have helped you. Now you can pay a local attorney to review your notes.
  10. #10
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by novelgirl View Post
    No, I'm actually doing some research for a novel I'm writing. The protagonist is the younger adult sibling, so I'm trying to find out realistically what he would have to do to get custody. I really appreciate any help!
    This site is for people that have actual LEGAL issues. NOT for aspiring young authors to lazy to do there own research.
  11. #11
    novelgirl is offline Junior Member
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    I'm sorry - I didn't mean to offend anyone. I guess I thought that putting 'hypothetically' would show that this wasn't a real scenario. Please accept my apologies, and thank you for your honest replies.
  12. #12
    ceara19 is offline Senior Member
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    Quote Originally Posted by novelgirl View Post
    No, I'm actually doing some research for a novel I'm writing. The protagonist is the younger adult sibling, so I'm trying to find out realistically what he would have to do to get custody. I really appreciate any help!
    If this is how you plan on doing your research, your career as a writer will be very short-lived.
  13. #13
    GrowUp! is offline Senior Member
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    Quote Originally Posted by novelgirl View Post
    I guess I thought that putting 'hypothetically' would show that this wasn't a real scenario.
    I think that's the same thing OJ Simpson was thinking as well when he wrote his book.
  14. #14
    novelgirl is offline Junior Member
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    Ouch. I really didn't mean to offend anyone here. I'm a stay at home mom with 3 small kids and limited time for research, so I just thought that this might be a starting point. Once again, I sincerely apologize.
  15. #15
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by novelgirl View Post
    I'm sorry - I didn't mean to offend anyone. I guess I thought that putting 'hypothetically' would show that this wasn't a real scenario. Please accept my apologies, and thank you for your honest replies.
    There is no way to answer your question because situations like this have many variables which would need to be answered. For example, if one party in this situation had applied for or received a standby guardianship from the court before the death, they would immediately receive the children upon the parent's demise.

    If more than one party wished to have custody, then the court would hold hearings to determine who should receive custody based on background checks, home studys and a myriad of other factors.

    and yes, if nothing has been accomplished beforehand, then the children would be placed in the custody of Child Protective Services for later placement.

    You see why it's better to be honest upfront? We have enough people coming here for the answer they WANT to hear instead of the legally valid answer. Things like this only takes away from those who are honest and seeking genuine advice.

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